Karnataka High Court
Vyavasaya Seva Sahakara Sanga Ltd vs State Of Karnataka on 18 July, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:25004
WP No. 20430 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 20430 OF 2022 (GM-RES)
BETWEEN:
VYAVASAYA SEVA SAHAKARA SANGA LTD.,
(FORMERLY KNOWN AS KONLI SERVICE
CO-OPERATIVE SOCIETY LTD)
KONDLI VILLAGE, GUBBI TQ,
TUMAKURU DIST 572 216.
REP BY ITS CHIEF EXECUTIVE OFFICER.
SRI. NIJANANDA MURTHY.
...PETITIONER
(BY SRI. CHIDANANDA P.,ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REP BY ITS HOME SECRETARY,
Digitally signed REVENUE DEPT, M S BULDING,
by SHARADA BENGALURU 560 009.
VANI B
Location: HIGH 2. STATE BY LOKAYUKTA POLICE,
COURT OF
KARNATAKA KARNATAKA LOKAYUKTA,
TUMAKURU 572 216,
REP BY SUPERINTENDENT OF POLICE.
3. THE POLICE INSPECTOR,
OFFICE -1, KARNATKAA LOKAYUKTA,
TUMAKURU DISTRICT 572 216.
...RESPONDENTS
(BY SRI.B V KRISHNA., AGA FOR R1;
SRI.B B PATIL.,ADVOCATE FOR R2 & R3)
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NC: 2023:KHC:25004
WP No. 20430 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS TO RELEASE THE AMOUNT IN
COMPLIANCE WITH THE ORDER PASSED BY THE HONBLE VII
ADDL. SESSIONS AND SPECIAL JUDGE AT TUMAKURU IN
SPECIAL CASE NO.353/2015 VIDE ANNX-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The short grievance of the petitioner, a Co-operative
Society is as to non-release of certain sums of money in
terms of acquittal order dated 30.11.2021 entered in
Special Case No.353/2015 whereby the accused came to
be set free. Learned counsel for the Society vehemently
argues that the subject amount mentioned in the
penultimate paragraph of the judgment of acquittal, i.e.,
Rs.42,08,652/- apparently belongs to the Society as
observed in the very order and regardless of what
happened in the criminal case that money has to enter the
purse of his client.
2. Learned Panel Counsel appearing for the
respondent vehemently opposes the petition contending
that the accused has been acquitted is true; however
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WP No. 20430 of 2022
Criminal Appeal No. 681/2023 has been filed against the
same albeit with delay; the very acquittal order itself
makes it clear that till the expiry of the limitation period
for filing the appeal, the said amount shall not be released
to anyone. Now that the appeal has been filed and
therefore the petitioner-Society should await the outcome
of the same. So contending he seeks dismissal of the writ
petition.
3. Having heard the learned counsel for the parties
and having perused the petition papers, this Court is
inclined to grant indulgence in the matter as under and for
the following reasons:
(i) The acquittal order at its internal page 78 makes
it clear that there are two components of money one is
Rs.43,15,000/- and the other is Rs.42,08,650/-; there is
also finding recorded by the learned judge that the 2nd
sum belongs to the petitioner-Society. The appeal has
been filed belatedly is admitted. Even otherwise the
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WP No. 20430 of 2022
interdictory clause in the acquittal order at the penultimate
paragraph supports the case of petitioner.
(ii) Whatever be the above position, no prejudice
would be caused to anyone if the amount in question is
ordered to be released in favour of the petitioner-Society
subject to outcome of the criminal appeal should the
Society furnish a bank guarantee for the like sum in
favour of the Lokayukta Police; if the criminal appeal
succeeds, the guarantee shall be encashed and if fails the
guarantee shall stand dissolved on its own.
In view of the above and with the above observations,
this petition is disposed off. Time for release of amount in
favour of the petitioner is eight weeks. Delay may result
into levy of costs personally payable by the erring officials.
Now, no costs.
Sd/-
JUDGE
Snb/
