THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
AXIS BANK LTD. – Appellant
Versus
THE STATE OF KARNATAKA BY – Respondent
CRL.P 3541/2026
##PAGE1##
- 1 -
NC: 2026:KHC:16719 CRL.P No. 3541 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3541 OF 2026 (482(Cr.PC) / 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
AND HAVING ONE OF ITS BRANCH OFFICE AT GROUND FLOOR, SHOP NO.19, 20, 21 AND 22
ASSOTECH BUSINESS CRESTERRA SECTOR-135, NOIDA 201 305
GUATAM BUDH NAGAR DISTRICT UTTAR PRADESH.
Digitally signed by NANDINI M S AXIS BANK LTD,
Location: HIG H GROUND & FIRST FLOOR COURT OF KARNATAKA HOUSE NO.113C, JAIL ROAD
(UK DUTTA SARANI), SILCHAR DISTRICT CACHAR, ASSAM - 788 004
REPRESENTED BY ITS BRANCH HEAD MR. MONICA MATHUR
AGED ABOUT 47 YEARS ALSO AT:A 403 SHRI GANESH APARTMENT
IP EXTN PLOT NO. 93, PATPARGANJ VTC I.P. EXTENSION, PO. MAXMI NAGER DELHI - 110 092.
…PETITIONER (BY SRI UNNIKRISHNAN M, ADV.)
##PAGE2##- 2 -
NC: 2026:KHC:16719 CRL.P No. 3541 of 2026
HC-KAR AND:
1. THE STATE OF KARNATAKA BY EAST CEN CRIME POLICE STATION
EAST DIVISION, BANGALORE DISTRICT
REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA
BANGALORE - 01.
2. MR. A.C BELLIAPPA S/O LATE A.C. CHENGAPPA
AGED ABOUT 64 YEARS RESIDING AT NO.401, VICTORY
CHUREKH APARTMENT, 5TH D CROSS HANNUR GARDENSS
BENGALURU - 560 113 KARNATAKA.
…RESPONDENTS (BY SMT. B. PUSHPALATHA, LEARNED ADDL. SPP FOR R-1)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 28.10.2025 PASSED BY THE 45tH ADDITIONAL CHIEF JUDICIAL MAGISTRATE NRUPATUNGA ROAD, BENGALURU IN CRIME NO.271/2025 THAT IS ANNEXURE C IN TERMS OF WHICH, THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVING/CURRENT ACCOUNT NO.925020029798678 (2) A/C NO.9240200073535729 MAINTAINED IN THE PETITIONERs BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2 i.e., A/C NO.00000010285381778 STATE BANK OF INDIA
BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
##PAGE3##- 3 -
NC: 2026:KHC:16719 CRL.P No. 3541 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Unnikrishnan M., learned counsel for the
petitioner and Smt. Pushpalatha B., learned Additional State Public Prosecutor appearing for respondent No.1 and have
perused the material on record.
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 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 amount belonging to the accused and transfer the
##PAGE4##- 4 -
NC: 2026:KHC:16719 CRL.P No. 3541 of 2026
HC-KAR
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,
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.