Karnataka High Court
CRL.P/9615/2026 of AXIS BANK LTD Vs THE STATE OF KARNATAKA on 20 July 2026
CNR: KAHC010446332026 NC: 2026:KHC:37257 CRL.P No. 9615 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9615 OF 2026 BETWEEN: AXIS BANK LTD., A BANKING COMPANY, CARRYING ON THE
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9615 OF 2026
BETWEEN:
AXIS BANK LTD.,
A BANKING COMPANY,
CARRYING ON THE BANKING
BUSINESS UNDER THE
BANKING REGULATION ACT, 1949,
INCORPORATED UNDER THE
COMPANIES ACT, 1956 AND
HAVING ITS REGISTERED OFFICE
AT TRISHUL, 3RD FLOOR,
OPP. SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006.
GUJARAT.
AND HAVING ONE OF ITS
BRANCH OFFICE AT
NO.16/2-622, A4, FIRST FLOOR,
DHARMAPURI MAIN ROAD,
MECHERI, SALEM DISTRICT,
TAMIL NADU - 636 451.
AXIS BANK LTD,
SPT MANI NAGAR,
OPP. NEYVELI ARCH,
Digitally
signed by
PADMAVATHI
B K
Location:
High Court of
Karnataka
HC-KAR
VADAKATHU VILLAGE,
PANRUTI-KUMBAKONAM ROAD,
GANDHINAGAR POST,
NEYVELI DIST. CUDDALORE,
TAMIL NADU - 607 308.
AXIS BANK LTD,
GROUND AND FIRST FLOOR,
KOZHIKODE, BALUSSERY ROAD,
BALUSSERY POST, KOZHIKODE,
KERALA - 673 612.
AXIS BANK LTD,
GROUND FLOOR,
SHOP NO.12 AND 13.
SANDEEP CHS, M.G.ROAD.
NEAR WAMAN HARI PETHE JEWELLERS.
GOREGAON (WEST),
MUMBAI - 400 062.
AXIS BANK LTD.,
GROUND FLOOR, VIJAY ARCADE,
S-1, DATTAJIRAO INGLE NAGAR,
KAGAL.
DIST. KOLHAPUR,
MAHARASHTRA - 416 216.
REPRESENTED BY ITS BRANCH HEAD.
MR. AJAYESH PRAVINCHANDRA SHAH,
AGED ABOUT 49 YEARS,
ALSO AT
B-1803, PRATHAMESH VIEW RESIDENCY,
BHANDUIP VILLAGE,
HC-KAR
OPP. CEAT TYRE COMPANY,
NAHUR WEST, MUMBAI SUBURBAN,
MAHARASHTRA - 400 078.
…PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
BY EAST CEN CRIME POLICE STATION,
EAST DIVISION,
BANGALORE DISTRICT.
REPRESENTED BY S.P.P.,
HONBLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2.
MR. YOGESH KUMAR DEWANGAN,
S/O. POSHAN LAL DEWANGAN,
AGED ABOUT 32 YEARS,
RESIDING AT NO.3C 001,
ISRO QUARTERS, DOMLUR,
BENGALURU - 560 071.
KARNATAKA.
…RESPONDENTS
(BY SRI.K.NAGESHWARAPPA, HCGP FOR R1)
THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNNS) PRAYING TO SET ASIDE THE ORDER DATED 17.01.2026
PASSED BY THE HONBLE 45TH ADDL.CJM BANGALORE IN
CRIME NO.416/2025 I.E, ANNEXURE-C INTERMS OF WHICH
THE
PETITIONER
IS
DIRECTED
TO
DEFREEZE
THE
SAVINGS/CURRENT
ACCOUNT
BEARING
A/C
NO.923020071412175 2. A/C 925020026110336 3. A/C
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NO.925020013028385 4. A/C NO.925020047844304 AND 5.
A/C NO.925020029370720 MAINTAINED IN THE PETITIONERS
BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE
RESPONDENT NO.2 I.E., A/C NO.50100299782733 HDFC BANK.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
Heard Sri Unnikrishnan M., learned counsel for the petitioner and Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1.
2. Learned counsel appearing for the petitioner submits that in all identical cases coordinate benches have allowed the petitions and remitted the matter back to the office of the learned Magistrate to permit the petitioner to file his objections with liberty to appear and then consider applications filed under Sections 451 and 457 of Code of Criminal Procedure, 1973.
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3. I deem it appropriate to quote the orders so passed in Crl.P.No.1787/2023 dated 14.12.2023: "ORDER
The Petitioner which is a Financial Institution is before this Court challenging the order passed by 1st Additional Chief Metropolitan Magistrate on an application filed under Sections 451 and 457 of Cr.P.C. by the complainant/respondent No.2 directing the petitioner-Bank to defreeze the amount belonging to the accused and transfer the said amount to the bank account of the complainants/respondent No.2.
2. The petitioner’s concern is that the order passed by the Jurisdictional Magistrate cannot be executed because it surpasses the specified release amount, and numerous courts across the Country have issued directives to the investigating agencies to unfreeze the bank accounts of the accused therein.
3. Learned Special Public Prosecutor on instructions would suggest that the matter may be remanded to the Jurisdictional Courts to consider the application filed under Sections 451 and 457 of Cr.P.C. afresh, by affording an opportunity of hearing to the petitioner.
4. Admittedly, multiple cases are registered against the accused herein within the State and across the country and there are multiple orders passed by the Jurisdictional Magistrates directing the petitioner to unfreeze the account of the accused and transfer the amount to the bank account of the complainants. The passing of multiple orders has caused difficulty to the petitioner/bank in executing the said order, since the amount ordered to be released in some accounts exceeds the amount available in the subject accounts of the accused. Therefore, the learned Magistrate before passing an order
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directing the petitioner to unfreeze and transfer the amount to the accounts of the complainants, is required to hear the petitioner. Accordingly, I pass the following:
ORDER
i. Criminal Petition is allowed.
ii. The order dated 26.11.2021 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.452/2021 is hereby set aside.
iii. Matter is remanded to 1st Additional Chief Metropolitan Magistrate, Bengaluru to reconsider the application filed under Sections 451 and 457 of Cr.P.C. afresh, after giving the opportunity of hearing to the petitioner.
iv. Till the application is disposed of, the petitioner/bank is restrained from releasing the money in favour of any person from the subject account."
In Crl.P.No.13487/2023 c/w. Crl.P.Nos. 10201/2023, 12091/2023, 13483/2023, 13489/2023, 13611/2023, 13627/2023, 13940/2023, 13955/2023, 98/2024, 128/2024, 356/2024, 357/2024 dated 12.02.2024: "7. Having heard the arguments of both side, perused the records. The Trial Courts have passed the impugned orders in these cases for de-freezing the accounts of the customers and releasing the amounts, without giving opportunity of hearing to the petitioner - Bank. If the orders of the Magistrate are not complied with, it amounts to violation of court order and they face contempt. Therefore, before de-freezing the accounts, it is
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necessary for the Trial Court to give opportunity to the petitioner of being heard in the matter and then pass appropriate orders since some of the customers do not have any amounts in their accounts and some of the customers are having lesser amount or zero balance. Hence, it is necessary for this Court to set aside the impugned orders with liberty to the petitioner to approach the various courts and after hearing the petitioner - Bank, the Courts can pass appropriate orders.
8. Accordingly, I pass the following:
ORDER
(i) These Criminal Petitions are allowed.
(ii) The impugned orders passed by the Trial Court given in the tabular form below are hereby set aside:
Sl. No. Crl. P. No. Impugned order dated Addl. Chief Metropolitan Magistrate CR. No.
13487/2023 17/02/2023 I A.C.M.M.
10201/2023 07/07/2023 C.J.M., BANGALORE RURAL DIST. Crl. Misc. No.177/2022
12091/2023 05/01/2023 II Addl. Sr. Civil Judge and JMFC Chikkaballapura CR. No.
13483/2023 13/10/2023 I A.C.M.M. CR. No.
13489/2023 11/08/2023 I A.C.M.M. CR. No.
13611/2023 30/09/2023 I A.C.M.M. CR. No.
13627/2023 12/04/2023 I A.C.M.M. CR. No.
13940/2023 18/07/2023 I A.C.M.M. CR. No.
13955/2023 15/08/2023 I A.C.M.M. CR. No.
08/08/2023 I A.C.M.M. CR. No.
24/07/2023 I A.C.M.M. CR. No.
31/07/2023 C.J.M., BANGALORE RURAL DISTRICT CR. No.
07/06/2023 I A.C.M.M. CR. No.
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(iii) The Trial Court is directed to hear the petitioner and the respondents and dispose of the matters in accordance with law, afresh.
(iv) Till disposal of the cases by the Trial Court, the petitioner-Bank is restrained from releasing the amounts of de-freezed accounts of customers or complying the order of the Magistrate."
In the light of the orders passed by the coordinate benches as quoted hereinabove, as also same was being held in other cases, I deem it appropriate to dispose of this petition by passing the following:
ORDER
a. Criminal Petition is allowed.
b. The order dated 17.01.2026 passed by the 45th Additional Chief Judicial Magistrate, Bangalore in Cr.No.416/2025 is hereby set aside.
c. Matter is remanded to 45th Additional Chief Judicial Magistrate, Bangalore to reconsider the application so filed afresh, after affording opportunity of hearing to the petitioner.
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d. Till the application is disposed of, the petitioner/bank is restrained from releasing the money in favour of any person from the subject account.
e. In the light of the issue pending for such consideration, I deem it appropriate to direct the concerned Court to dispose the application so filed as expeditiously as possible, at any rate, within eight weeks from the date of receipt of copy of this order.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 144