##PAGE1##

- 1 -

NC: 2026:KHC:17916 CRL.P No. 4507 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 4507 OF 2026 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

AND HAVING ONE OF ITS BRANCH OFFICE AT GROUND FLOOR AND FIRST FLOOR, PLOT NO.658A, NARIMAN POINT ROAD, MAHALAXMI NAGAR, INDORE - 452 010.

Digitally signed REPRESENTED BY ITS BRANCH HEAD, by SANJEEVINI J KARISHETTY MR. DEEPIKA SHEKHRWAR

Location: H igh AGED ABOUT 34 YEARS, Court of Karnataka

ALSO AT C/O SURAJ SINGH SHEKHAWAT, GOPAL NIVAS KE PICHE 320/5,

MALHARGAN INDORE, VTC INDORE, MADHYA PRADESH -452002

…PETITIONER

(BY SRI. UNNIKRISHNAN M., ADVOCATE)

- 2 -

NC: 2026:KHC:17916 CRL.P No. 4507 of 2026

HC-KAR AND:

1. THE STATE OF KARNATAKA BY WHITEFIELD CEN

CRIME POLICE STATION, WHITEFIELD DIVISION, BANGALORE DISTRICT.

REPRESENTED BY SPP HON'BLE HIGH COURT OF

KARNATAKA. BANGALORE 01.

2. MR. HARISH.V.N.

S/O. VITTALA NAIK, AGED ABOUT 44 YEARS.

RESIDING AT NO. 108. HITARTH, 5TH CROSS. SIZZLE EAST COAST.

MANDOOR, AVALAHALLI, BENGALURU 560 049.

…RESPONDENTS

(BY SMT.B.PUSHPALATHA, ADDL. SPP FOR R1)

THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C (U/S

528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 20.12.2025 PASSED BY THE HONBLE 47th ACJM, BANGALORE, ARISING OUT OF CR.NO.691/2025 i.e., ANNEXURE-C IN TERMS OF WHICH, THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVINGS/CURRENT ACCOUNT BEARING NO.925020038657311 MAINTAINED IN THE PETITIONERS BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2 i.e., MR

HARISH.V.N, A/C NO.20038830304.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

- 3 -

NC: 2026:KHC:17916 CRL.P No. 4507 of 2026

HC-KAR

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard Sri Unnikrishnan M., learned counsel for the

petitioner and Smt. B. Pushpalatha, learned Additional State

Public Prosecutor appearing for respondent No.1.

2. 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 with liberty to appear and then consider applications

filed under Sections 497 and 503 of the BNSS, 2023.

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 amount belonging to the accused and transfer the said amount to the bank account of the

complainants/respondent No.2.

- 4 -

NC: 2026:KHC:17916 CRL.P No. 4507 of 2026

HC-KAR

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 passin