##PAGE1##

- 1 -

NC: 2026:KHC:16712 CRL.P No. 4214 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 4214 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 THAKUR VILLAGE EVERSHINE MILLENNIUM PARADISE

KANDIVALI (EAST), MUMBAI Digitally MAHARASTRA - 400 101.

signed by NANDINI M S AXIS BANK LTD, GROUND FLOOR Location:

HIGH COURT D-3/13, KRISHNA NAGAR OF KARNATAKA DELHI 110 051.

REPRESENTED BY ITS BRANCH HEAD MR. ANUPAM KUMAR TIWARI

AGED ABOUT 43 YEARS ALSO AT: S/O LATE MAHENDRA KUMAR TIWARI

B-71 S,-3 GALI NO. 10 SHASHI GARDEN PO PITPARGANJ DELHI - 110 091.

…PETITIONER (BY SRI UNNIKRISHNAN M, ADV.)

- 2 -

NC: 2026:KHC:16712 CRL.P No. 4214 of 2026

HC-KAR AND:

1. THE STATE OF KARNATAKA BY WEST CEN CRIME POLICE STATION

WEST DIVISION, BANGALORE DISTRICT REPRESENTED BY SPP

HON'BLE HIGH COURT OF KARNATAKA BANGALORE 01.

2. MR. SUBRAMANYAPPA T S/O TAMILARASU A

AGED ABOUT 42 YEARS RESIDING AT NO.155, 156 SRI SAMRUDHI APARTMENT

5TH MAIN ROAD, RHCS LAYOUT ANNAPOORNESHWARI NAGARA

NAGARABHAVI, BENGALURU - 560 091 KARNATAKA.

…RESPONDENTS (BY SMT. B. PUSHPALATHA, LEARNED ADDL. SPP FOR R-1)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER. DATED:23.09.2025 PASSED BY THE HONBLE 47TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE. BANGALORE, IN CRIME NO.334/2025 I.E. ANNEXURE C IN TERMS OF WHICH, THE PETITIONERS IS DIRECTED TO DEFREEZE THE SAVINGS / CURRENT ACCOUNT BEARING NO. 923020032995950 AND A/C. NO.924020061652953 MAINTAINED IN THE PETITIONERS BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2. i.e A/C

NO.00000020107023188, STATE BANK OF INDIA, BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

- 3 -

NC: 2026:KHC:16712 CRL.P No. 4214 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

- 4 -

NC: 2026:KHC:16712 CRL.P No. 4214 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. Admitted