2024:KHC:32234

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NC: 2024:KHC:32234
CRL.P No. 9875 of 2023
 
 
IN THE HIGH COURT OF KARNATAKA AT BENGALURU 
DATED THIS THE 5TH DAY OF AUGUST, 2024 
BEFORE 
THE HON'BLE MR JUSTICE M.NAGAPRASANNA 
CRIMINAL PETITION NO. 9875 OF 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., 796/132,  
GROUND FLOOR AND BASEMENT, 
JAGANNATH MARG, TRI NAGAR,  
NEW DELHI - 110 035. 
 
REPRESENTED BY ITS BRANCH HEAD, 
MR. MOHIT BANKA, 
1796/132,  
GROUND FLOOR AND BASEMENT, 
JAGANNATH MARG, 
TRI NAGAR,  
NEW DELHI - 110 035. 
…PETITIONER 
(BY SRI. UNNIKRISHNAN M., ADVOCATE) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Digitally signed
by NAGAVENI
Location: HIGH
COURT OF
KARNATAKA

 
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NC: 2024:KHC:32234
CRL.P No. 9875 of 2023
 
 
AND: 
 
1. 
THE STATE OF KARNATAKA 
KGF CEN CRIME POLICE STATION, 
K.G.F, DIVISION, K.G.F, 
REPRESENTED BY SPP, 
HON'BLE HIGH COURT OF KARNATAKA, 
BANGALORE - 01. 
 
2. 
BENEDICT JAI SATHISH B, 
S/O LATE BENJAMIN, 
AGED ABOUT 43 YEARS, 
R/AT 2089, 3RD CROSS ROAD, 
OPP. ST. THERESA GIRLS HIGH SCHOOL, 
ROBERTSONPET,  
K.G.F - 563 122. 
…RESPONDENTS 
 
(BY SRI. JAGADEESHA B.N, ADDL. SPP A/W 
      SMT. SOWMYA R, HCGP FOR R1) 
 
 
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET 
ASIDE THE ORDER, DATED 20.03.2023 PASSED BY THE 
HONBLE SENIOR CIVIL JUDGE AND PRL.J.M.F.C AT K.G.F IN 
CR.NO.17/2022 i.e ANNEXURE-C DIRECTING THE PETITIONER 
TO DEFREEZE THE ACCOUNT BEARING NO.922010008884820 
MAINTAINED IN THE PETITIONER'S BANK. 
 
 
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, 
ORDER WAS MADE THEREIN AS UNDER: 
 

 
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NC: 2024:KHC:32234
CRL.P No. 9875 of 2023
 
 
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA 
 
ORAL ORDER 
 
 
The petitioner in this case is again Axis Bank. 
 
 
 
2. 
Heard the learned counsel for the petitioner, 
learned Additional SPP Sri. B.N. Jagadeesha along with learned 
HCGP Smt. Sowmya R., appearing for respondent No.1.  
 
 
3. 
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 
giving 
liberty 
to 
appear 
and 
then 
consider 
applications filed under Sections 451 and 457 of Code of 
Criminal Procedure, 1973.  
 
 
4. 
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 

 
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NC: 2024:KHC:32234
CRL.P No. 9875 of 2023
 
 
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 
pa

…