Karnataka High Court
Axis Bank Ltd vs The State Of Karnataka By on 9 February, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2026:KHC:7670
CRL.P No. 1888 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 1888 OF 2026
(482 (Cr.P.C)/528(BNSS))
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
1. AND HAVING ONE OF ITS BRANCH OFFICE AT
AXIS BANK LTD,
GROUND FLOOR, ASHIRWAD COMPLEX,
Digitally signed STATION ROAD, RAVER,
by PAVITHRA DISTRICT JALGAON 425 508.
B
Location: 2.
HIGH COURT AXIS BANK LTD,
OF GROUND FLOOR, SHOP NO.5 A AND B,
KARNATAKA
RISHIRRAJ REGENCY,
OPP: PUMPING STATION,
GANGAPUR ROAD,
NASHIK 422 005.
REP. BY ITS BRANCH HEAD,
MR. PRATIK NEMIDAS CHAUDHARI,
AGED ABOUT 36 YEAR.
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NC: 2026:KHC:7670
CRL.P No. 1888 of 2026
HC-KAR
ALSO AT:
ADD MAIN ROAD, 129, TA-RAVER,
VTIVE, JALGAON, MAHARASHTRA
PIN CODE 425 507.
...PETITIONER
(BY SRI UNNIKRISHNAN M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY WHITEFIELD CEN CRIME POLICE STATION,
WHITEFIELD DIVISION,
BANGALORE DISTRICT.
REP. BY SPP,
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE 01.
2. MR. VIMAL KIRTI,
S/O. SUDHIR KUMAR RAI,
AGED ABOUT 38 YEARS,
R/AT SIZZLE ROSE WOOD LAYOUT,
L.P.RESIDENCY, NEAR ORION MALL,
BEHIND OM SHAKTI TEMPLE,
HUSKUR, BENGALURU 560 049,
KARNATAKA.
...RESPONDENTS
(BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1)
THIS CRL.P IS FILED U/S.482 (FILED U/S 528 BNSS) CR.P.C.,
TO SET ASIDE THE ORDER DATED 29.11.2025 PASSED BY THE 47TH
ADDITIONAL CHIEF JUDICIAL MAGISTRATE NRUPATUNGA ROAD,
BENGALURU IN CRIME NO.377/2025 THAT IS ANNEXURE-C IN
TERMS OF WHICH, THE PETITIONER IS DIRECTED TO DEFREEZE THE
SAVING/CURRENT ACCOUNT NO.924020004025804 AND
NO.924020071952151 MAINTAINED IN THE PETITIONERs BANK AND
TRANSFER THE SAME TO THE ACCOUNT NO.141901501630 ICICI
BANK.
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NC: 2026:KHC:7670
CRL.P No. 1888 of 2026
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Unnikrishnan M., learned counsel for the petitioner and Sri. Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent No.1.
2. Learned counsel appearing for the petitioner submits that in all identical cases Co-ordinate 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.
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 -4- NC: 2026:KHC:7670 CRL.P No. 1888 of 2026 HC-KAR 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 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.-5-
NC: 2026:KHC:7670 CRL.P No. 1888 of 2026 HC-KAR 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 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:-6-
NC: 2026:KHC:7670 CRL.P No. 1888 of 2026 HC-KAR 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. Crl. P. No. Impugned order Addl. Chief CR. No. No. dated Metropolitan Magistrate 1 13487/2023 17/02/2023 I A.C.M.M. 1213/2022 2 10201/2023 07/07/2023 C.J.M., Crl. Misc.BANGALORE No.177/2022
RURAL DIST.
3 12091/2023 05/01/2023 II Addl. Sr. Civil CR. No. Judge and JMFC 45/2022 Chikkaballapura 4 13483/2023 13/10/2023 I A.C.M.M. CR. No. 200/2023 5 13489/2023 11/08/2023 I A.C.M.M. CR. No. 124/2023 6 13611/2023 30/09/2023 I A.C.M.M. CR. No. 196/2023 7 13627/2023 12/04/2023 I A.C.M.M. CR. No. 02/2023 8 13940/2023 18/07/2023 I A.C.M.M. CR. No. 1060/2022 9 13955/2023 15/08/2023 I A.C.M.M. CR. No. 05/2023 10 98/2024 08/08/2023 I A.C.M.M. CR. No. 1051/2023 11 128/2024 24/07/2023 I A.C.M.M. CR. No. 969/2022 12 356/2024 31/07/2023 C.J.M., CR. No. BANGALORE 197/2023 RURAL DISTRICT 13 357/2024 07/06/2023 I A.C.M.M. CR. No. 136/2023
(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." -7-
NC: 2026:KHC:7670 CRL.P No. 1888 of 2026 HC-KAR In the light of the orders passed by the Co-ordinate 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
(i) Criminal Petition is allowed.
(ii) The order dated 29.11.2025 passed by the 47th Additional Chief Judicial Magistrate, Bangalore in crime No.377/2025 is hereby set aside.
(iii) Matter is remanded to 47th Additional Chief Judicial Magistrate, Bangalore to reconsider the application filed under Sections 451 and 457 of the Cr.P.C. afresh, after affording 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.
(v) 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 under Sections 451 and 457 of the Cr.P.C. as expeditiously as possible, at any -8- NC: 2026:KHC:7670 CRL.P No. 1888 of 2026 HC-KAR rate, within eight weeks from the date of receipt of copy of this order.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE PB List No.: 2 Sl No.: 41