Karnataka High Court
Axis Bank vs The State Of Karnataka on 7 January, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:120
CRL.RP No. 100426 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 7TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL REVISION PETITION NO. 100426 OF 2024
(397(CR.PC)/438(BNSS))
BETWEEN:
AXIS BANK
R/BY ITS SENIOR MANAGER
CHAKRADHARPUR BRANCH,
RANCHI MAIN ROAD,
CHAKRADHARPUR-833201
JHARKAND
R/BY MR. BIPIN KUMAR
AGE. 40 YEARS, OCC. SENIOR MANAGER,
AXIS BANK, CHAKRADHARPUR BRANCH
JHARKHAND 833201.
...PETITIONER
Digitally signed
(BY SRI. FRAZ SYED, ADVOCATE FOR SRI. R.M PHIRANGI,
by SAMREEN
AYUB
DESHNUR
ADVOCATE)
Location: High
Court of
Karnataka,
Dharwad Bench
AND:
1. THE STATE OF KARNATAKA
R/BY SPP,
HIGH COURT DHARWAD BENCH,
BY CEN POLICE STATION, DHARWAD CITY,
CYBER ECONOMIC AND
NARCOTIC CRIME POLICE STATION,
SP OFFICE COMPOUND,
DHARWAD-580008.
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NC: 2026:KHC-D:120
CRL.RP No. 100426 of 2024
HC-KAR
2. PRAVEEN KUMAR S/O SHANKARAPPA WALMIKI
AGE 31 YEARS, OCC. PRIVATE,
R/O. SATTUR, KARIYAMMA NAGAR,
I CROSS, DHARWAD 580009
...RESPONDENTS
(BY SRI. PRAVEENA Y. DEVARADDIYAVAR, HCGP FOR R1;
SRI. PRANAV U. BADAGI, ADVOCATE FOR R2)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397
R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS), PRAYING TO CALL
FOR RECORDS OF LOWER COURT AND SET ASIDE THE ORDER
DATED 10.07.2024 IN CEN CRIME 341/2024 BY DIRECTING THE
I ADDL.JUDGE AND JMFC DHARWAD TO MODIFY THE ABOVE
DATED ORDER, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri. Fraz Syed learned counsel appearing on behalf of Sri. R. M. Phirangi, learned counsel for the petitioner, Sri. Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State and Sri. Pranav U. Badagi, learned counsel for respondent No.2.
2. The petitioner is not a party to the proceedings in respect of the offence registered in Crime No.341/2022 by the CEN Crime Police Station, Hubballi-Dharwad. -3-
NC: 2026:KHC-D:120 CRL.RP No. 100426 of 2024 HC-KAR
3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:
3.1. A complaint came to be lodged before the CEN Crime Police Station, Hubballi-Dharwad, by respondent No.2
- Sri. Praveen Kumar Valmiki, alleging that between 12.12.2022 at 00.01 a.m. and 14.12.2022 at 23.59 p.m., some unknown persons cheated him through an online shopping transaction, resulting in a loss of Rs.83,311/- from his SBI Bank Account bearing No.31514650081.
3.2. After registering the case in Crime No.341/2022, the police conducted an investigation. During the course of investigation, the police seized an amount from the account of the accused maintained with Axis Bank, Bundi Branch, Rajasthan.
4. Respondent No.2 herein has filed an application under Section 451 read with Section 457 of Code of -4- NC: 2026:KHC-D:120 CRL.RP No. 100426 of 2024 HC-KAR Criminal Procedure, 19731 before the learned Trial Judge seeking release of the amount in his favour.
5. The learned Trial Judge, after considering the application, by order dated 24.02.2023 allowed the application.
6. The operative portion of the order dated 24.02.2023 reads as under:
"Application filed by the applicant Praveenkumar S/o. Shankarappa Walmiki, st Age:32 years, 1 cross, Sattur, Dharwad, under Section 451 R/w. Section 457 of Cr.P.C. is hereby allowed.
Accordingly, freezed amount of Rs.79,321/- was freezed and reported under P.F.No.11/2023, dated: 13.02.2023 in CEN P.S. Crime No.341/2022 registered for the offence punishable under Section 66(D) of Information Technology Act and Sections 419, 420 of IPC is ordered to be released to the applicant, subject to the following:1
For short, 'Cr.P.C.' -5- NC: 2026:KHC-D:120 CRL.RP No. 100426 of 2024 HC-KAR CONDITIONS:
1. The applicant shall execute indemnity bond Rs.79,321/- and furnish one surety for the likesum.
2. He shall produce the same before the Hon'ble Court whenever directed."
7. Thereafter, the applicant - Axis Bank has filed an application under Section 362 of Cr.P.C., seeking vacating the order 24.02.2023. The learned Trial Judge rejected the said application.
8. Being aggrieved by the same, Axis Bank has preferred the present revision petition on following grounds:
"The order of trial court is perverse in holding the Court is functus officio when admittedly it has passed an interim order for release of money and yet to pass final order under Sn 452 of CrPC at the time of disposing off the case on merits. It is only after full fledged trial, the court is empowered to pass final order for disposal of the seized amount.
The Trial court having passed an order under section 451 & 457 of Criminal Procedure Code for interim custody/release of Rs.79,321/- in aggregate has utterly to -6- NC: 2026:KHC-D:120 CRL.RP No. 100426 of 2024 HC-KAR failed to exercise its power conferred under section 362 of CrPC. The court is vested with exclusive domain and power to modify its earlier interim order.
Rejecting the application by stating the court is functus officio is shirking its power to modify its earlier interim order is nothing short of abdicating its power to modify interim order.
The trail court has conveniently erred in ignoring the express provision of section 362 of CrPC, which is reproduced below for ready reference. "Court not to alter judgment-Save as otherwise provided by this code or by any other law for the time being in force, no court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error." The trial court failed to notice that the Revision Petitioner is not empowered to adjudicate as to which order of attachment to be accorded Priority without discrimination and secure complete discharge without becoming liable for prosecution.
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NC: 2026:KHC-D:120 CRL.RP No. 100426 of 2024 HC-KAR The trial court failed to note that Revisional Petitioner in respect of competing claims is not empowered to decide the claims or ratably distribute the claim, as such power can be exercised only by court."
9. Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that the Trial Judge committed a grave error in rejecting the application filed under Section 362 of Cr.P.C., and consequently, sought for allowing of the revision petition.
10. Per contra, learned High Court Government Pleader for respondent No.1 and the learned counsel for respondent No.2 support the impugned order.
11. Having heard the arguments of both sides, this Court perused the material on record meticulously.
12. On such perusal of the material on record, it is crystal clear that the order dated 24.02.2023 passed by the Trial Judge is interim in nature. The said order is subject to a condition requiring the complainant to execute an indemnity bond for a sum of Rs.79,321/-, along with a -8- NC: 2026:KHC-D:120 CRL.RP No. 100426 of 2024 HC-KAR surety, and to produce the released cash as and when directed by the Court.
13. In other words, until final orders are passed in respect of the crime in the said case, no rights of the parties have been finally decided.
14. Therefore, the dismissal of the application filed by the Axis Bank under Section 362 Cr.P.C., is just and proper which is not a revisable order.
15. Hence, this Court proceeds to pass the following:
ORDER The Criminal Revision Petition is dismissed.
Sd/-
(V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 2 SL NO.: 20