Karnataka High Court
Axis Bank Ltd vs The State Of Karnataka By on 19 September, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:39156
CRL.P No. 6885 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 6885 OF 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.
1. AXIS BANK LTD,
AND HAVING ONE OF ITS
Digitally signed by BRANCH OFFICE AT GROUND FLOOR,
R HEMALATHA ROYAL PALACE, T-POINT,
Location: HIGH
COURT OF OPP: DEVI MANDIR,
KARNATAKA RAMGANJ CHORAH RAILWAY ROAD,
HAPUR - 245 101.
AND
GROUND FLOOR B - 6,
LAJPAT NAGAR - II,
DELHI - 110 024.
REPRESENTED BY ITS BRANCH HEAD,
MR. ANKIT GUPTA
AGED ABOUT 43 YEARS,
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NC: 2024:KHC:39156
CRL.P No. 6885 of 2024
ALSO AT:
S/O SUDHIR GUPTA,
HOUSE, NUMBER -79/9 KAISER GANJ,
KAISER GANJ, KAISER GANJ, MEERUT,
MEERUT,
UTTAR PRADESH - 250 002.
...PETITIONER
(BY SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY CID, CYBER CRIME POLICE STATION,
CID DIVISION,
BANGALORE CITY.
REPRESENTED BY S.P.P.,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE - 01.
2. JYOTHI LAKSHMI G.,
AGED ABOUT 49 YEARS,
D/O. G.S.GANAPATHY,
RESIDING AT NO.202,
14TH STREET, VINAYAKA NAGAR,
DEVASANDRA, K.R.PURAM,
BENGALURU - 560 036,
KARNATAKA.
...RESPONDENTS
(BY SRI.M.R.PATIL, HCGP FOR R1)
THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO SET
ASIDE THE ORDER DATED 20.11.2023 PASSED BY THE HONBLE
1ST ADDL. CMM, BANGALORE IN CR.NO.02/2023 I.E., ANNEXURE-C
IN TERMS OF WHICH THE PETITIONERS ARE DIRECTED TO
DEFREEZE THE CURRENT/SAVINGS ACCOUNT BEARING A/C
NO.922020017472349 AND A/C NO.922020053554416 MAINTAINED
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CRL.P No. 6885 of 2024
IN THE PETITIONERS BANK AND TRANSFER THE SAME TO THE
ACCOUNT OF THE RESPONDENT NO.2.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner had filed an application under Section 451 and 457 of Cr.P.C to defreeze the subject account stating that he is no way connected to the online account, and the account is frozen by the investigation officer on the suspicion that the accused had purchased dollars from other petitioners online in Binance APP for Rs.1,87,000/-.
2. The learned Magistrate allowed the application subject to certain terms and conditions. The petitioner is aggrieved by condition Nos.2 and 3.
3. Heard the learned counsel for the petitioner and learned HCGP for the respondent-state.
4. The petitioner is neither a victim of the online fraud nor the accused who were allegedly involved in the online fraud. The police in contravention of Sub-Section 3 of Section 102 of Cr.P.C issued a notice calling upon the Bank to defreeze the account of the petitioner.
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5. Learned Magistrate having allowed the application, committed an error in imposing condition Nos.2 and 3 after having directed the petitioner to execute an indemnity bond for a sum of Rs.1,87,000/- with one surety for the likesum. Therefore, the impugned condition imposed by the learned Magistrate is arbitrary and discriminatory. Accordingly, I pass the following:
ORDER i. Criminal petition is allowed.
ii. The impugned condition Nos.2 and 3 in order dated 20.11.2023 passed by the I Addl. Chief Metropolitan Magistrate, Bengaluru City, in Cr.No.02/2023 registered by the C.I.D. Cyber Crime Police at Bengaluru on the application filed under Section 451 and 457 of Cr.P.C. is hereby quashed.
iii. The other conditions imposed are remained unaltered.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 85