Karnataka High Court
Axis Bank Ltd vs The State Of Karnataka By on 23 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 340 OF 2023
C/W
CRIMINAL PETITION NOS. 3414/2023, 9225/2023,
11063/2023, 9219/2023, 10860/2023, 12028/2023,
9696/2023, 9879/2023, 154/2024, 875/2024,
1819/2024, 865/2024, 1078/2024, 1164/2024,
1292/2024, 1550/2024, 1552/2024, 1646/2024,
9958/2023, 10661/2023, 11982/2023 AND 12204/2023
IN CRL.P NO.340/2023
BETWEEN:
AXIS BANK LTD.,
Digitally A BANKING COMPANY,
signed by V
KRISHNA CARRYING ON THE BANKING BUSINESS,
Location: High UNDER THE BANKING REGULATION ACT, 1949,
Court of INCORPORATED UNDER THE COMPANIES ACT, 1956,
Karnataka
AND HAVING ITS REGISTERED OFFICE AT
'TRISHUL' 3RD FLOOR,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LIMITED, KANAKIA PLOT,
OPP VANIK WADI, JETPUR - 360 370,
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NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
RAJKOT DISTRICT, GUJARAT.
REPRESENTED BY
MR. NILAM CHOUDHURY,
BRANCH MANAGER,
M.G. ROAD BRANCH,
BANGALORE - 560 001.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
CEN POLICE STATION, WEST DIVISION
BANGALORE.
2. KUMUDASHREE. R,
W/O KUMARASWAMY,
AGED ABOUT 29 YEARS,
R/AT NO.11, 3RD CROSS,
SANJEEVININAGAR,
MOODALAPALYA, GOVINDARAJA NAGAR,
BANGALORE CITY, KARNATAKA - 560 072.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 14.09.2022 PASSED BY THE I
ACMM, BANGALORE IN CR.NO.1044/2022 i.e., ANNEXURE-B
DIRECTING THE PETITIONER TO DEFREEZE THE CURRENT
ACCOUNT BEARING NO.CA A/c NO.922010034914427
MAINTAINED IN THE PETITIONERS BANK.
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NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
IN CRL.P NO. 3414/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LIMITED, DURGAPUR BRANCH,
SAHID KHUDIRAM SARANI,
CITY CENTRE, SUHATTA MALL,
DURGAPUR - 713 216.
REPRESENTED BY MR. GURUMURTHY S,
BRANCH MANAGER,
SANJAYNAGAR BRANCH,
DR. D. RAJGOPAL ROAD,
SANJAYNAGAR MAIN ROAD,
BANGALORE - 560 094.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY SOUTH CEN CRIME POLICE STATION,
SOUTH DIVISION, BANGALORE.
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NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
REPRESENTED BY SPP,
IN THE HIGH COURT OF KARNATAKA,
AT BENGALURU - 01.
2. N. SIDDARAJU,
S/O LATE NANJE GOWDA,
AGED ABOUT 61 YEARS,
RSIDING AT NO.292, 21ST CROSS,
J.P. NAGAR POST, KUMARASWAMY LAYOUT
BANGALORE - 560 078.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER, DATED 18.01.2023 PASSED BY THE
HONBLE Ist ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
BENGALURU U/S 309, 451 AND 457 OF CR.P.C. IN
CR.NO.624/2022 REGISTERED BY SOUTH CEN CRIME POLICE
STATION THAT IS ANNEXURE C DIRECTING THE PETITIONER
TO DEFREEZE THE CURRENT ACCOUNT BEARING NO.CA A/C
NO.921010038050579 MAINTAINED IN THE PETITIONER BANK.
IN CRL.P NO.9225/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LIMITED,
THRIPPUNITHURA BRANCH,
MERIDIAN FORT CENTRE,
EAST FORT GATE, MARKET JN.
HILL PALACE ROAD, THRIPPUNITHURA,
ERNAKULAM, KERALA - 682 301.
ALSO AT: MELEPOKKATTU VELI,
VARANADU PO, CHERTHALA NORTH (PART),
ALAPPUZHA KERALA - 688 539.
REPRESENTED BY ITS BRANCH HEAD,
MR. VINESH KUMAR V.M,
MERIDIAN FORT CENTRE,
EAST FORT GATE, MARKET JN,
HILL PALACE ROAD, THRIPPUNITHURA,
ERNAKULAM, KERALA - 682 301.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
BANGALORE CEN CRIME POLICE STATION,
CYBER, ECONOMIC, NARCOTIC (CEN) POLICE
STATION, BANGALORE DISTRICT,
REPRESENTED BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. SAHANA V,
W/O SUNIL KUMAR M,
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
AGED ABOUT 26 YEARS,
R/AT NO. 22, MARASUR,
ANEKAL TALUK,
BANGALORE DISTRICT - 562 106.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 24.04.2023 PASSED BY THE
HONBLE C.J.M BENGALURU RURAL DISTRICT IN
CR.NO.224/2022 i.e ANNEXURE-C DIRECTING THE PETITIONER
TO DEFREEZE THE ACCOUNT BEARING NO.922020013956027
MAINTAINED IN THE PETITIONERS BANK.
IN CRL.P NO. 11063/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
PLOT NO. 8, INDRA COLONY,
CIVIL LINES ROAD, MANTOWN,
SAWAI MADHOPUR,
RAJASTHAN - 322 001.
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
REPRESENTED BY ITS BRANCH HEAD,
MR VIJAY KUMAR JAIN,
S/O PRAVEEN JAIN,
NO. 77, PLOT NO. 8, INDRA COLONY,
BAJARIA, SAWAI MADHOPUR,
RAJASTHAN - 322 001.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
NORTH CEN CRIME POLICE STATION,
NORTH DIVISION, BANGALORE CITY,
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. RAGHU S,
S/O SHIVARUDRAPPA K.C,
AGED ABOUT 33 YEARS,
R/AT NO. 15/01, 2ND CROSS,
GANGAMMA LAYOUT, GUDDADAHALLI,
BANGALORE - 560 032.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 26.07.2023 PASSED BY THE
HONBLE 1ST A.C.M.M BENGALURU IN CR.NO.346/2023 i.e
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
CURRENT ACCOUNT BEARING NO.922020041637767
MAINTAINED IN THE PETITIONER BANK.
-8-
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
IN CRL.P NO. 9219/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LIMITED,
NEW NO. 159, OLD NO.157C,
ARAPV COMPLEX, KOVILPATTI MAIN ROAD,
KOVILPATTI, TAMIL NADU - 628 501.
REPRESENTED BY ITS BRANCH HEAD.
C. KAMRAJ BRANCH MANAGER
KOVILPATTI BRANCH.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
NORTH EAST CEN CRIME POLICE STATION,
NORTH EAST DIVISION,
YELAHANKA, BANGALORE,
REPRESENTED BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
2. M. SRILEKHA,
D/O MANJUNATH,
AGED ABOUT 23 YEARS,
R/AT NO.376, MASJID ROAD,
NEAR G.K. NAIDU SCHOOL OPP,
YELAHANKA, BANGALORE NORTH,
BANGALORE - 560 064.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
R2 SERVED, UNREPRESENTED)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 26.04.2023 PASSED BY THE
HONBLE I A.C.M.M BENGALURU IN CR.NO.1257/2022 i.e
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
ACCOUNT BEARING NO.922020049809997 MAINTAINED IN
THE PETITIONERs BANK.
IN CRL.P NO. 10860/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD.
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
KHATAUNI NO 897/1139,
1522/1970, KALIAN SUKHA NATHANA,
BATHINDA, PUNJAB - 151 102.
REPRESENTED BY ITS BRANCH HEAD
MR. ASHISH JINDAL,
GF, PART OF PROPERTY NO. 900,
WARD NO. 6, MAUR,
BATHINDA, PUNJAB - 151 509
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH EAST CEN CRIME POLICE STATION,
SOUTH EAST DIVISION, BANGALORE.
REPRESENTED BY SPP,
HONBLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. RAKSHITHA M. GOWDA,
D/O MAHALINGE GOWDA B,
AGED ABOUT 23 YEARS,
R/AT NO. 25, 11TH MAIN,
5TH CROSS, HONGASANDRA,
NEAR VIDYA JYOTHI NAGAR,
BEGUR ROAD, BENGALURU - 560 068.
...RESPONDENTS
(BY BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
R2 - SERVED, UNREPRESENTED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 27.06.2023 PASSED BY THE I
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
ADDL.C.M.M., BENGALURU IN CR.NO.1027/2022 i.e.,
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
ACCOUNT BEARING NO.922020053835478 MAINTAINED IN
THE PETITIONER BANK.
IN CRL.P NO. 12028/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD.,
NO. 28, PLEASANT PLAZA,
OLD KARUR ROAD, MVM NAGAR,
DINDIGUL, TAMIL NADU - 624 001.
REPRESENTED BY ITS BRANCH HEAD,
RAJEEVGANDHI S,
AGED ABOUT 35 YEARS,
NO. 28, PLEASANT PLAZA,
OLD KARUR ROAD, MVM NAGAR,
DINDIGUL, TAMIL NADU - 624 001.
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
ALSO AT: 82, SOUTH STREET,
KODANGIPATTI, BODINAYAKANUR,
KODANGIPATTI, THENI,
TAMIL NADU - 565 531.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH EAST CEN CRIME POLICE STATION,
SOUTH EAST DIVISION,
H.S.R LAYOUT POLICE STATION PREMISES,
BANGALORE.
REPRESENTED BY SPP,
HONBLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. SOUMYA MALLYA M,
D/O ASHOK MALLYA M,
AGED ABOUT 30 YEARS,
R/AT NO. GROUND FLOOR-3,
M.R. ENCLAVE, MANIPAL COUNTRY ROAD,
SINGASANDRA, BANGALORE - 560 068.
...RESPONDENTS
(BY BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 31.05.2023 PASSED BY THE
HONBLE Ist ACMM BENGALURU IN CR.NO.397/2023 THAT IS
ANNEXURE C DIRECTING THE PETITIONER TO DEFREEZE THE
ACCOUNT BEARING NO.923020001704367 MAINTAINED IN
THE PETITIONER BANK.
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
IN CRL.P NO.9696/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LIMITED, ALAKNANDA BRANCH,
GROUND AND FIRST FLOOR, NO.F-1 TO F-4,
ABHISHEK TOWER, PLOT NO.D-2,
ALAKNANDA MARKET, ALKANANDA,
NEW DELHI - 110 019.
REPRESENTED BY ITS BRANCH HEAD
MR. RAJESH KUMAR CHAUHAN,
GROUND AND FIRST FLOOR, NO.F-1 TO F-4,
ABHISHEK TOWER, PLOT NO. D-2,
ALAKNANDA MARKET, ALAKNANDA,
NEW DELHI - 110 019.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
CEN CRIME POLICE STATION,
SOUTH DIVISION, BANGALORE,
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NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. KIRAN M,
S/O MANJUNATH,
AGED ABOUT 27 YEARS,
R/AT NO.101, SUBRAMANYA NILAYA,
MANJUNATH NAGAR, HOSAKEREHALLI,
BANGALORE - 560 085.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
R2 - SERVED, UNREPRESENTED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 28.03.2023 PASSED BY THE
HONBLE Ist ADDITIONAL CHIEF METROPOLITAN MAGISTRATE
BENGALURU IN CR.NO.1331/2022 THAT IS ANNEXURE C
DIRECTING THE PETITIONER TO DEFREEZE THE ACCOUNT
BEARING NO.922020008091847 MAINTAINED IN THE
PETITIONER BANK.
IN CRL.P NO. 9879/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LIMITED, LATA APARTMENT,
WESTERN EXPRESS HIGHWAY,
KULUPWADI, BORIVALLI,
MUMBAI - 400 066.
REPRESENTED BY ITS BRANCH HEAD,
MS. RICHA SHARMA, LATA APARTMENT,
WESTERN EXPRESS HIGHWAY,
KULUPWADI, BORIVALI,
MUMBAI - 400 066.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH EAST CEN CRIME POLICE STATION,
SOUTH EAST DIVISION,
BANGALORE CITY,
REPRESENTED BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. KUMARESH G,
S/O GANESH,
AGED ABOUT 26 YEARS,
R/AT NO. 105, R.H COLONY,
MAHALINGESHWARA LAYOUT,
ADUGODI, BANGALORE - 560 030.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
R2 - SERVED, UNREPRESENTED)
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 27.04.2023 PASSED BY THE
HONBLE 1ST ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BANGALORE, IN CR.NO.74/2023 I.E.,
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
CURRENT ACCOUNT BEARING NO.922020024496444
MAINTAINED IN THE PETITIONER BANK.
IN CRL.P NO.154/2024
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, OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006,
GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
PLOT NO.A/2, GROUND AND 1ST FLOOR,
SUKHADIA MARKET, SECTOR 1,
CHITTORGARH, RAJASTHAN - 312 001
REPRESENTED BY ITS BRANCH HEAD,
MR. KIRTI VYAS,
PLOT NO.A/2, GROUND AND 1ST FLOOR,
SUKHADIA MARKET, SECTOR 1,
CHITTORGARH, RAJASTHAN - 312 001
ALSO AT
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
MR. KIRTI VYAS,
S/O MAHENDRA PRASAD VYAS,
99, SHIV COLONY, TEKRI MANDRI LINK ROAD
SWAMINAGAR, UDAIPUR, SAWEENA KHERA(RURAL),
UDAIPUR, RAJASTHAN - 313 001.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
BENGALURU CEN CRIME POLICE STATION,
BENGALURU,
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE.
2. SHANU S.,
S/O H. SHAMSUDEEN,
AGED ABOUT 33 YEARS
R/AT NO.9, 4TH CROSS,
BEHIND SFS SCHOOL,
VINAYAKANAGAR, HUSKUR GATE,
E. CITY POST,
KAMMASANDRA ROAD,
BANGALORE - 560 100.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER, DATED 15.03.2023 PASSED BY THE
HONBLE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL
DISTRICT, BENGALURU IN CR.NO.33/2023 i.e ANNEXURE-C
DIRECTING THE PETITIONER TO DEFREEZE THE CURRENT
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
ACCOUNT BEARING NO.922020064937125 MAINTAINED IN
THE PETITIONERS BANK.
IN CRL.P NO.875/2024
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, OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006,
GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIZ BANK LTD.,
NO.230A, B 231 AND 232,
CORONATION HOTEL BUILDING,
CHANDINI CHOWK,
NEW DELHI, DELHI - 110 006,
REP. BY ITS BRANCH HEAD,
MR. GAURAV RASTOGI,
AGED ABOUT 31 YEARS,
ALSO AT.
MR GAURAV RASTOGI,
AGED ABOUT 31 YEARS,
C/O ASHOK KUMAR RASTOGI,
FLAT N.D805, SHIPRA KRISHNA VISTA,
AHINSA KHAND 1, INDIRAPURAM,
VTC INDIRAPURAM, PO SHIPRA SUB C
SUB DISTRICT: GHAZIABAD,
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CRL.P No. 340 of 2023
AND CONNECTED MATTERS
UTTAR PRADESH - 201 014.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
CEN CRIME POLICE STATION,
CHIKKABALLAPURA DISTRICT DIVISION,
CHIKKABALLAPURA,
REP BY SPP,
HONBEL HIGH COURT OF KARNATAKA,
BANGALORE 01
2. RAMESH P
S/O PAPANNA,
AGED ABOUT 45 YEARS,
R/AT J. VENKATAPURA VILLAGE,
SHIDLAGHATTA TALUK,
CHIKKABALLAPURA DISTRICT,
KARNATAKA - 562 101.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 07.11.2023 PASSED BY THE
HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC
CHIKKABALLAPURA IN CR.NO.32/2022 THAT IS CRIME
NO.32/2022 THAT IS ANNEXURE C DIRECTING THE
PETITIONER TO DEFREEZE THE CURRENT ACCOUNT BEARING
NO.920020058330761 MAINTAINED IN THE PETITIONER BANK.
- 20 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
IN CRL.P NO.1819/2024
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, OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006,
GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD,
VISHWAM COMPLEX, DHARNIDHAR CROSS ROAD,
VASNA,NEAR DREAM LAND PARTY PLOT,
AHMEDABAD,
GUJARAT - 380 007.
REPRESENTED BY ITS BRANCH HEAD,
MR. TAUNK DEVANG.
ALSO AT
MR. TAUNK DEVANG,
AGED ABOUT 49 YEARS,
S/O JAYANTKUMAR,
RESIDING AT A/304, ASHADHI AVENUE,
AVENUE, OPP. PADMA PRABHU SOCIETY,
NARAYANA NAGAR ROAD, PALDI,
AHMEDABAD CITY, GUJARAT - 380 007.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
- 21 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
AND:
1. THE STATE OF KARNATAKA BY
SOUTH CEN CRIME POLICE STATION,
SOUTH DIVISION, BENGALURU
REPRESENTED BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BENGALORE - 01.
2. GOWTHAM P.K.,
S/O LATE KRISHNA KUMAR,
AGED ABOUT 40 YEARS,
RESIDING AT FLAT NO. 28,
1ST FLOOR, 9TH CROSS, 24TH MAIN,
J.P NAGAR, BENGALURU - 560 063,
KARNATAKA.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 20.01.2024 PASSED BY THE 45TH
ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN
C.C.NO.4135/2023 I.E., ANNEXURE-C DIRECTING THE
PETITIONER TO DEFREEZE THE CURRENT ACCOUNT BEARING
NO.920020057187324 MAINTAINED IN THE PETITIONERS
BANK.
IN CRL.P NO.865/2024
BETWEEN:
AXIS BANK LTD,
A BANKING COMPANY,
CARRYING ON THE BANKING BUSINESS
- 22 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
UNDER THE BANKING REGULATION ACT, 1949,
INCORPORATED UNDER THE COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE AT 'TRISHUL',
3RD FLOOR, OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006,
GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
SHOP NO. 7A AND 7B, PN 272, GF,
SHANTHI TOWER, GHARKOP SHANTI GHS,
KONDIVALLI, CHARKOP SECTOR 5,
MUMBAI - 400 067.
REPRESENTED BY ITS MALAD
WEST BRANCH HEAD,
MISS. BIJAL N DESAI.
ALSO AT
MS. BIJAL N DESAI
202, DIVYA GUNJAN,
BANDAR PAKHADI ROAD,
NEAR GANESH CHOWK
GAURAV GARDEN COMPLEX,
KANDIVALI WEST,
MUMBAI SUBURBAN,
MAHARASHTRA - 400 067.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH CEN CRIME POLICE STATION,
SOUTH DIVISION, BANGALORE CITY,
REPRSENTED BY SPP
- 23 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE.
2. UPENDRA KUMAR R.D.,
S/O DEVENDRA GOWDA R.,
AGED ABOUT 40 YEARS,
R/AT NO. 139, 1ST CROSS,
I MAIN, K.S. COLONY,
THYAGARAJ NAGAR,
BANGALORE - 560 028.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 11.07.2023 PASSED BY THE
HONBLE 1ST ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BANGALORE, IN CR.NO.1055/2022 I.E.,
ANNEXURE-C, DIRECTING THE PETITIONER TO DEFREEZE THE
CURRENT ACCOUNT BEARING NO.922020014218830
MAINTAINED IN THE PETITIONER BANK.
IN CRL.P NO.1078/2024
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, OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
- 24 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD.,
GROUND FLOOR, SHAH PALACE
RAHE MURTAZA, CIVIL LINES,
RAMPUR,
UTTAR PRADESH - 244 901.
REPRESENTED BY ITS BRANCH HEAD,
MR. RACHIT AGARWAL
AGED ABOUT 32 YEARS
ALSO AT
MR. RACHIT AGARWAL
AGED ABOUT 32 YEARS,
S/O ASHOK KUMAR AGARWAL,
A-2, NEAR MANSAROVAR, JU. HIGH SCHOOL,
SHAKATI NAGAR, NAVEEN NAGAR,
MCRADABAD, UTTAR PRADESH - 244 001
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
EAST CEN CRIME POLICE STATION,
EAST DIVISION,
BANGALORE.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE 01.
2. EMMANUEL BABITHA
D/O EMMANUEL RAMESH
AGED ABOUT 24 YEARS,
- 25 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
R/AT NO. 297/13B,
ANTONY SWAMY LAYOUT,
LINGARAJAPURAM,
BENGALURU - 560 084.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 27.09.2022 PASSED BY THE
HONBLE XLV ACMM BENGALURU IN CR.NO.539/2022 THAT IS
ANNEXURE C DIRECTING THE PETITIONER TO DEFREEZE THE
ACCOUNT BEARING NO.922020021050584 MAINTAINED IN
THE PETITIONERs BANK.
IN CRL.P NO.1164/2024
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, OPPOSITE
SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006,
GUJARAT.
- 26 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
AND
HAVING ONE OF ITS
BRANCH OFFICE AT
SURVEY N. 103/3/1,
GROUND FLOOR, A.B. ROAD,
LASUDIA MORI, INDORE,
MADHYA PRADESH - 452 010,
REPRESENTED BY ITS BRANCH HEAD,
MR. PRADEEP KUMAR ACHARYA,
AGED ABOUT 45 YEARS,
SURVEY NO. 103/3/1, GROUND FLOOR,
A.B. ROAD, LASUDIA MORI,
INDORE, MADHYA PRADESH - 452 010.
ALSO AT
MR. PRADEEP KUMAR ACHARYA,
AGED ABOUT 45 YEARS,
S/O. PRAVAKAR ACHARYA,
C/O. DR. R. B. DHAKAD,
H. NO. 39/T-74,
BEHIND PAKIZA MALL,
A.B. RAOD, BALWANT NAGAR,
GUNA GAJNA,
MADHYA PRADESH - 473 001.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
WEST CEN CRIME POLICE STATION,
WEST DIVISION,
BANGALORE CITY,
- 27 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
REPRESENTED BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
2. DIVAKAR. V.G.
S/O. LATE GOVINDACHARI. V.B.,
AGED ABOUT 71 YEARS,
R/AT NO. 487, 1ST FLOOR,
1ST MAIN, BEML LAYOUT,
5TH STAGE,
RAJARAJESHWARINAGAR,
BENGALURU - 560 098.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 30.09.2023 PASSED BY THE
HONBLE XLV A.C.M.M BENGALURU IN CR.NO.293/2023 i.e
ANNEXURE-C DIRECTING THE PETITIONER THE CURRENT
ACCOUNT BEARING NO.922020017858316 MAINTAINED IN
THE PETITIONERS BANK.
IN CRL.P NO.1292/2024
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
- 28 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
REGISTERED OFFICE AT 'TRISHUL',
3RD FLOOR, OPPOSITE
SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006,
GUJARAT.
AND HAVING ONE OF
ITS BRANCH OFFICE AT
SREE VIGNESHWARA BAHVAN,
KADAPPAKADA, NEAR
KADAPAKKADA FIRE STATION,
KOLLAM P.O,
KOLLAM 691 008.
REPRESENTED BY ITS BRANCH HEAD
MR BIJU B.,
AGED ABOUT 52 YEARS.
ALSO AT
MR. BIJU B.,
AGED ABOUT 52 YEARS,
S/O BHASKARAN NAIR E
KEEZHATHENGIL VEEDU
MARUTHURKULANGARA SOUTH,
KARUNAGAPPALLY, ALUMKADAVU,
KOLLAM, KERALA - 690 573.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH CEN CRIME POLICE STATION,
SOUTH DIVISION,
BANGALORE CITY,
- 29 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
REPRESENTED BY SPP
HONBLE HIGH COURT OF KARNATAKA,
BANGALORE-01.
2. DIVYARANI
C/O SURESH SHETTY,
AGED ABOUT 27 YEARS,
RESIDING AT NO 12, 20TH CROSS,
KHB QUARTERS 3RD BLOCK,
JAYANAGAR,
BENGALURU - 560 011
KARNATAKA.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 16.12.2023 PASSED BY THE
HONBLE XLV ACMM BENGALURU IN CR.NO.636/2023 BY THE
SOUTH CEN CRIME P.S., THAT IS ANNEXURE C DIRECTING THE
PETITIONER TO DEFREEZE THE CURRENT ACCOUNT BEARING
NO.922010065796160 MAINTAINED THE PETITIONER BANK.
IN CRL.P NO.1550/2024
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, OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
- 30 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
AHMEDABAD - 380 006,
GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
SCF 8, GROUND FLOOR, NEW GRAIN MARKET,
SARDULGARH, MANSA, PUNJAB 151 507.
[
REPRESENTED BY ITS BRANCH office at
MR. MONIT KUMAR,
AGED ABOUT 44 YEARS,
ALSO AT
C/O RAM KUMAR,
DEHLA ROAD,
NEAR DURGA MANDIR, MOONAK,
SANGRUR, PUNJAB-148 033.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
CEN CRIME POLICE STATION,
SUB- DIVISION,
MYSURU CITY,
REPRESENTED BY SPP
HONBLE HIGH COURT OF KARNATAKA,
BANGALORE-01.
2. SUPRITHA M.S.
D/O SRINIVASA MURTHY B.P.,
W/O SRIKANTH,
AGED ABOUT 32 YEARS,
R/AT NO.906/1, IST CROSS,
3RD MAIN, KAMATAKARI ORIGINAL,
MANDI MOHALLA, MYSURU - 570 021
...RESPONDENTS
- 31 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
SET ASIDE THE ORDER DATED 31.03.2023 PASSED BY THE
HONBLE I ADDL.SENIOR C.J AND C.J.M COURT MYSURU IN
CRL.NO.12/2023 i.e ANNEXURE-C DIRECTING THE PETITIONER
TO DEFREEZE THE CURRENT ACCOUNT NO.64060889000 IN
ACCOUNT BEARING NO.920020053118076 MAINTAINED IN
THE PETITIONERS BANK.
IN CRL.P NO.1552/2024
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, OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006,
GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD.,
GROUND FLOOR, NANI DAMAN,
OPP. POLICE COLONY, DAMAN,
DAMAN AND DIU - 396 210.
REPRESENTED BY ITS BRANCH HEAD
MR. VIVEK JITENDRA NEGANDHI
S/O JITENDRA BHAI VIVEK,
ALSO AT
- 32 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
DINESH SADAN,
AGED ABOUT 37 YEARS,
BRHAMAN FAILYA PARDI,
KILLA PARDI VALSAD,
GUJARAT - 396 125.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
WHITEFIELD CEN CRIME POLICE STATION,
WHITEFIELD DIVISION,
BANGALORE.
REPRESENTED BY SPP
HONBLE HIGH COURT OF KARNATAKA
BANGALORE - 01.
2. LAKKIREDDY PULLA REDDY,
FATHER NAME NOT KNOWN,
AGED ABOUT 33 YEARS,
R/AT 30, BANUBALA NILAYAM,
VINAYAKA NAGAR, K.R. PURAM,
BANGALORE - 560 036.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ORDER DATED 10.08.2023 PASSED BY THE I
ADDL.C.M.M., BENGALURU IN CR.NO.296/2023 i.e.,
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
ACCOUNT BEARING NO.918020003043774 MAINTAINED IN
THE PETITIONER BANK.
- 33 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
IN CRL.P NO.1646/2024
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, OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006,
GUJARAT.
AND
HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD,
ALAKNANDA BRANCH,
GROUND AND FIRST FLOOR,
S N CO/2, NO.F-1, ABHISHEK TOWER,
PLOT NO.D-2, ALAKNANDA MARKET,
ALAKNANDA, NEW DELHI - 110 019.
REPRESENTED BY ITS BRANCH HEAD,
MR. RAJESH KUMAR CHAUHAN,
AGED ABOUT 42 YEARS.
ALSO AT: MR RAJESH KUMAR CHAUHAN,
C/O. PRATAP CHANDRA CHAUHAN,
T5-201, BPTP PARK GENERATION,
SECTOR 37D, BASAI (50),
- 34 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
GURGAON,
HARYANA - 122 006.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
BANGALORE CEN CRIME POLICE STATION,
BENGALURU (CEN) POLICE STATION,
BANGALORE DISTRICT.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE.
2. SAHANA V.,
W/O SUNIL KUMAR M.,
AGED ABOUT 26 YEARS,
R/AT NO.22, MARASUR,
ANEKAL TALUK,
BANGALORE DISTRICT - 562 106.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A., HCGP FOR R1/STATE;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 24.04.2023 PASSED BY THE
HONBLE C.J.M BENGALURU RURAL DISTRICT BENGALURU IN
CR.NO.224/2022 i.e BENGALURU CEN CR. P.S., ANNEXURE-C
DIRECTING THE PETITIONER TO DEFREEZE THE ACCOUNT
BEARING NO.922020008091847 MAINTAINED IN THE
PETITIONERS BANK.
- 35 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
IN CRL.P NO. 9958/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS
BRANCH OFFICE AT
AXIS BANK LTD., 59/2,
VIMRATH TOWER,
HOSUR ROAD, LASKAN,
ADUGODI, BENGALURU,
KARNATAKA - 560 030.
REPRESENTED BY ITS
OPERATION MANAGER,
MR. JEEVAN PRAKASH UTTI,
59/2, VIMRATH TOWER,
HOSUR ROAD, LASKAN,
ADUGODI, BENGALURU
KARNATAKA - 560 030.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
- 36 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
AND:
1. THE STATE OF KARNATAKA BY
WHITEFIELD CEN POLICE STATION,
WHITEFIELD, BANGALORE,
REPRESENTED BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. MITHLESH KUMAR,
S/O KRISHNA MOHAN PANDEY,
AGED ABOUT 31 YEARS,
R/AT NO.E-5, NR CASTLE,
SPRING DALE LAYOUT,
VIJAYANAGAR, WHITEFIELD,
BANGALORE - 560 066.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
R2 - SERVED)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 21.04.2023 PASSED BY THE
HONBLE 1ST ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BANGALORE, IN CR.NO.216/2023 I.E.,
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
ACCOUNT BEARING NO.922020060412471 MAINTAINED IN
THE PETITIONER BANK.
IN CRL.P NO. 10661/2023
BETWEEN:
AXIS BANK LTD.,
A BANKING COMPANY,
CARRYING ON THE BANKING BUSINESS,
- 37 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
UNDER THE BANKING REGULATION ACT, 1949,
INCORPORATED UNDER
THE COMPANIES ACT, 1956,
AND HAVING ITS REGISTERED OFFICE AT
'TRISHUL' 3RD FLOOR,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH
OFFICE AT NO 8/5/136/12/P,
DURGA NAGAR CROSS ROAD,
KATTEDAN, RAJENDRA NAGAR,
MAILARDEVPALLY, HYDERABAD,
TELANGANA - 500 077.
REPRESENTED BY ITS BRANCH HEAD,
MR. K. VINAY KUMAR,
H. NO. 8-5-136/P,
DURGA NAGAR COLONY,
MAILARDEVPALLY, KATTEDAN,
RAJENDRANAGAR RANGA
REDDY DISTRICT, TELANGANA - 500 077.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH CEN CRIME POLICE STATION,
SOUTH DIVISION, BANGALORE CITY,
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. NAGASHREE N.P,
D/O PUTTASWAMY,
AGED ABOUT 31 YEARS,
- 38 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
R/AT NO. 2/36, OPP P.E.G COLLEGE,
22ND MAIN ROAD, 50 FEET ROAD,
BSK 1ST STAGE, BANGALORE - 560 050.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
R2 - SERVED, UNREPRESENTED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 18.07.2023 PASSED BY THE
HONBLE I A.C.M.M, BENGALURU IN CR.NO.1060/2022 i.e
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
CURRENT ACCOUNT BEARING A/C NO.922020030455134
MAINTAINED IN THE PETITIONERS BANK.
IN CRL.P NO. 11982/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD., 12 KH NO. 85/L AND 85/2,
- 39 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
GROUND FLOOR, CITY COURT, DLF CITY
SIKANDERPUR GHOSI,
SECTOR 25A, GURUGRAM,
HARYANA - 122 004.
REPRESENTED BY ITS BRANCH HEAD
M. SHREE KUMAR,
AGED ABOUT 40 YEARS
G32, G5, G105, G106, G132, AND 133,
LGF, SUSHANT SHOPPING ARCADE,
SUSHANT LOK 1, GURUGRAM,
HARYANA - 122 002.
ALSO AT:
SHRI HARI NARAYAN CHOUDHARY
303, THIRD FLOOR,
ROYAL HOMES, SECTOR 39,
JHARSA, NEAR ATUL
MEMORIAL SECHOOL,
NATHUPUR(67),
GURGAON HARYANA - 122 002.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
SOUTH CEN CRIME POLICE STATION,
SOUTH DIVISION, BANGALORE.
REPRESENTED BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. NAGASHREE N.P,
D/O PUTTASWAMY,
- 40 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
AGED ABOUT 31 YEARS
R/AT NO 2/36, OPP P.E.G COLLEGE,
22ND MAIN ROAD, 50 FEET ROAD,
BSK 1STAGE, BANGALORE - 560 050
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 04.03.2023 PASSED BY THE
HONBLE I A.C.M.M BENGALURU IN CR.NO.1060/2022 i.e
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
ACCOUNT BEARING NO.922020032356345 MAINTAINED IN
THE PETITIONERS BANK.
IN CRL.P NO. 12204/2023
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,
OPPOSITE SAMARTHESHWAR TEMPLE,
LAW GARDEN, ELLIS BRIDGE,
AHMEDABAD - 380 006, GUJARAT.
AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD., NO.28,
PLEASANT PLAZA, OLD KARUR ROAD,
MVM NAGARA, DINDIGUL,
TAMIL NADU - 624 001.
- 41 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
REPRESENTED BY ITS BRANCH HEAD,
RAJEEVGANDHI S,
AGED ABOUT 41 YEARS,
NO.28, PLEASANT PLAZA,
OLD KARUR ROAD, MVM NAGAR,
DINDIGUL, TAMIL NADU - 624 001.
ALSO AT: 82, SOUTH STREET,
KODANGIPATTI, BODINAYAKANUR,
KODANGIPATTI, THENI,
TAMIL NADU - 565 531.
...PETITIONER
(BY SRI. UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
NORTH EAST CEN CRIME POLICE STATION,
NORTH EAST DIVISION,
YELAHANKA, BANGALORE.
REPRESENTED BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. MUHAMMAD ARIF K,
S/O ABDUL RASHEED K,
AGED ABOUT 37 YEARS,
R/AT NO.21, WARD NO.22,
YELA THOTADA RAMAIAH LAYOUT,
NEAR SBM SHANTHINAGAR,
DEVANAHALLI, BANGALORE RURAL - 562 110.
...RESPONDENTS
(BY BY SRI. VENKAT SATYANARAYAN A, HCGP FOR R1;
NOTICE TO R2 DISPENSED WITH)
- 42 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 15.07.2023 PASSED BY THE
HONBLE I A.C.M.M BENGALURU IN CR.NO.265/2023 i.e
ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE
ACCOUNT BEARING NO.923020001704367 MAINTAINED IN
THE PETITIONERS BANK.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Office objections are over ruled by accepting the submissions made by the learned counsel for petitioner.
2. Learned HCGP takes notice for respondent No.1 - State in all these cases.
3. Issuance of notice to respondent No.2 in some of the cases is dispensed with.
4. Learned counsel for respondent No.2 is absent in some of the cases.
5. The case of the prosecution is that on the complaints of respondent No.2 in these petitions, there were various cases registered by the police as against accused persons for having committed online fraud, under Sections 66C and 66D of the Information Technology Act, 2000 and Sections 419 and 420 of Indian Penal Code. During investigation, the I.O. freezed the accounts of customers of the petitioner - Bank,
- 43 -
NC: 2024:KHC:7735 CRL.P No. 340 of 2023 AND CONNECTED MATTERS who were having account in the Axis Bank Ltd. Subsequently, on the applications filed by respondent No.2 in said cases, who are de-facto complainant, the Trial Court directed the petitioner
- bank to de-freeze the accounts and pay amounts mentioned in the applications to the respective customers of the petitioner
- bank.
6. Being aggrieved with the order passed by the Trial Court the petitioner - Bank is before this Court, challenging the order passed by the Trial Court on the application filed by the respective respondent No.2 in these petitions, under Section 451 and 457 of Cr.P.C for de-freezing account of the customers of the petitioner and ordering to release the money, which are as under:
SL. CRL.P. NO. ORDER ORDER PASSED CRL.NO.
NO. DATED BY
01. 340/2023 14.09.2022 I A.C.M.M. 1044/2022
02. 3414/2023 18.01.2023 I A.C.M.M. 624/2022
03. 9225/2023 24.04.2023 CJM,BANGALORE 224/2022
RURAL DIST.
04. 11063/2023 26.07.2023 I A.C.M.M. 346/2023
05. 9219/2023 26.04.2023 I A.C.M.M. 1257/2022
06. 10860/2023 27.06.2023 I A.C.M.M. 1027/2023
07. 12028/2023 31.05.2023 I A.C.M.M. 397/2023
08. 9696/2023 28.03.2023 I A.C.M.M. 1331/2022
09. 9879/2023 27.04.2023 I A.C.M.M. 74/2023
10. 154/2024 15.03.2023 CJM,BANGALORE 33/2023
RURAL DIST.
- 44 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
11. 875/2024 07.11.2023 II ADDL.SR.CJ & 32/2022
JMFC,
CHIKKABALLAPUR
12. 1819/2024 20.01.2024 XlV ACMM, 4135/2023
BANGAL0RE
13. 865/2024 11.07.2023 I A.C.M.M. 1055/2022
14. 1078/2024 27.09.2022 XLV ACMM, 539/2022
BANGAL0RE
15. 1164/2024 30.09.2023 XLV ACMM, 293/2023
BANGAL0RE
16. 1292/2024 16.12.2023 XLV ACMM, 636/2023
BANGAL0RE
17. 1550/2024 31.03.2023 I ADDL. SR.CJ & 12/2023
CJM MYSURU
18. 1552/2024 10.08.2023 I A.C.M.M. 296/2023
19. 1646/2024 24.04.2023 CJM,BANGALORE 224/2022
RURAL DIST.
20. 9958/2023 21.04.2023 I A.C.M.M. 216/2023
21. 10661/2023 18.07.2023 I A.C.M.M. 1060/2022
22. 11982/2023 04.03.2023 I A.C.M.M. 1060/2022
23 12204/2023 15.07.2023 I A.C.M.M. 265/2023
7. Heard learned counsel Sri Unnikrishnan.M.
appearing on behalf of petitioner - Bank and Sri Venkata Sathyanarayana.A., learned HCGP for respondent No.1 - State.
8. The learned counsel for the petitioner contend that as per the order passed by the Learned Magistrate or Trail Court in the above said cases directed the petitioner - Bank to obey the order and pay amounts to the complainants. Further, learned counsel seriously contend that in respect of respective account of the customers, where some of the customers do not have any balance or lesser amount or zero balance in their
- 45 -
NC: 2024:KHC:7735 CRL.P No. 340 of 2023 AND CONNECTED MATTERS accounts and if the direction is given to pay the amount, the petitioner is required to pay the amount from bank but not from the account of the customers and therefore, it is necessary for the petitioner to be heard by the Trial Court before passing such order de-freezing the accounts and proceed further.
9. Learned counsel for the petitioner - Bank further submits that if the order of the Trial Court is not complied, it is nothing but violating the court order and therefore, petitioner is facing much problem in view of the orders passed by the various Courts for release of the amounts of the customers who are not having any balance or lesser amount in their accounts. Therefore, learned counsel prayed for setting aside the orders with liberty to the petitioner to be heard by the Trial Court before passing such orders.
10. Learned counsel for the petitioner also relied upon the order passed by the Co-Ordinate Bench of this Court in a similar matter in Crl. P. No.9191/2023 and clubbed matters, dated 14.12.2023, wherein this Court set aside the orders passed by the trial Court, remitted the matter back to the trial
- 46 -
NC: 2024:KHC:7735 CRL.P No. 340 of 2023 AND CONNECTED MATTERS Court with a direction to hear the petitioner - Bank before passing the orders and to pass orders in accordance with law.
11. Learned High Court Government Pleader also submits that before passing de-freezing order, an opportunity may be given to the petitioner - Bank to be heard by the Trial Court.
12. Having heard the arguments of the learned counsel for petitioner - Bank and learned HCGP and on perusal of the entire material on record, of course, the Trial Courts have passed the impugned orders in these cases for de-freezing the accounts of the customers and directed the petitioner - Bank to release the amounts, without giving opportunity of hearing to the petitioner - Bank. If the orders of the Learned Magistrate are not complied with, it amounts to violation of court order and the petitioner - Bank to face contempt. Therefore, before de-freezing the accounts, it is necessary for the Trial Courts to give an opportunity to the petitioner of being heard in the matters and thereafter 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
- 47 -
NC: 2024:KHC:7735 CRL.P No. 340 of 2023 AND CONNECTED MATTERS 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 further the trial Courts are directed to hear the petitioner - Bank and thereafter pass appropriate orders in the respective cases. Accordingly, I pass the following:
ORDER
(i) These Criminal Petitions are allowed.;
(ii) The impugned orders passed by the Trial Court as detailed below, are hereby set aside:
SL. CRL.P. NO. ORDER ORDER PASSED CRL.NO.
NO. DATED BY
01. 340/2023 14.09.2022 I A.C.M.M. 1044/2022
02. 3414/2023 18.01.2023 I A.C.M.M. 624/2022
03. 9225/2023 24.04.2023 CJM,BANGALORE 224/2022
RURAL DIST.
04. 11063/2023 26.07.2023 I A.C.M.M. 346/2023
05. 9219/2023 26.04.2023 I A.C.M.M. 1257/2022
06. 10860/2023 27.06.2023 I A.C.M.M. 1027/2023
07. 12028/2023 31.05.2023 I A.C.M.M. 397/2023
08. 9696/2023 28.03.2023 I A.C.M.M. 1331/2022
09. 9879/2023 27.04.2023 I A.C.M.M. 74/2023
10. 154/2024 15.03.2023 CJM,BANGALORE 33/2023
RURAL DIST.
11. 875/2024 07.11.2023 II ADDL.SR.CJ & 32/2022
JMFC,
CHIKKABALLAPUR
12. 1819/2024 20.01.2024 XlV ACMM, 4135/2023
BANGAL0RE
- 48 -
NC: 2024:KHC:7735
CRL.P No. 340 of 2023
AND CONNECTED MATTERS
13. 865/2024 11.07.2023 I A.C.M.M. 1055/2022
14. 1078/2024 27.09.2022 XLV ACMM, 539/2022
BANGAL0RE
15. 1164/2024 30.09.2023 XLV ACMM, 293/2023
BANGAL0RE
16. 1292/2024 16.12.2023 XLV ACMM, 636/2023
BANGAL0RE
17. 1550/2024 31.03.2023 I ADDL. SR.CJ & 12/2023
CJM MYSURU
18. 1552/2024 10.08.2023 I A.C.M.M. 296/2023
19. 1646/2024 24.04.2023 CJM,BANGALORE 224/2022
RURAL DIST.
20. 9958/2023 21.04.2023 I A.C.M.M. 216/2023
21. 10661/2023 18.07.2023 I A.C.M.M. 1060/2022
22. 11982/2023 04.03.2023 I A.C.M.M. 1060/2022
23 12204/2023 15.07.2023 I A.C.M.M. 265/2023
(iii) The Trial Court is directed to hear the
petitioner - Bank and respective respondents and dispose of the applications 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.
Sd/-
JUDGE VK List No.: 3 Sl No.: 1 TO 19