THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
AXIS BANK LTD – Appellant
Versus
THE STATE OF KARNATAKA BY – Respondent
CRL.P 6245/2026
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NC: 2026:KHC:23578
CRL.P No. 6245 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6245 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 UR HOUSE, 1056-C,
GROUND FLOOR, AVINASHI ROAD,
Digitally COIMBATORE - 641 037.
signed by
SANJEEVINI J
KARISHETTY
REPRESENTED BY ITS BRANCH HEAD,
Location: High
Court of MR. DINESH KUMARK
Karnataka
AGED ABOUT 42 YEARS,
ALSO AT
S/O KUMARESAN, SITE WO 14.
KRISHNA SWAMY NAGAR,
NEAR ALAYAM AVENUE VELLORE
COIMBATORE, TAMIL NADU - 641 111
…PETITIONER
(BY SRI. UNNIKRISHNAN, ADVOCATE)
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CRL.P No. 6245 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. RAM PRASAD.D,
S/O. B.DEVARAJ,
AGED ABOUT 53 YEARS,
RESIDING AT 1019,
OPP: BALAKRISHNA RANGA MANDIR,
BENGALURU - 560 098, KARNATAKA.
…RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNSS) PRAYING TO SET ASIDE THE ORDER DTD 13.02.2026,
PASSED BY THE HONBLE 47TH ACJM, BANGALORE, IN
CR.NO.36/2026, i.e, ANNEXURE-C IN TERMS OF WHICH, THE
PETITIONER IS DIRECTED TO DEFREEZE THE SAVINGS/
CURRENT ACCOUNT BEARING NO.923020009204733
MAINTAINED IN THE PETITIONERS BANK AND TRANSFER THE
SAME TO THE ACCOUNT OF THE RESPONDENT NO.2 i.e
BEARING NO.03121130000147, HDFC BANK, BANGALORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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CRL.P No. 6245 of 2026
HC-KAR
ORAL ORDER
Heard Sri Unnikrishnan M., learned counsel for the
petitioner and Sri. B.N. Jagadeesha, 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 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
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
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CRL.P No. 6245 of 2026
HC-KAR
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
t
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