Jagannath vs The State Of Karnataka
2023 Latest Caselaw 3335 Kant

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                                                            NC: 2023:KHC-K:1124
                                                           CRL.RP No. 200027 of 2022




                                    IN THE HIGH COURT OF KARNATAKA,

                                           KALABURAGI BENCH

                                 DATED THIS THE 15TH DAY OF JUNE, 2023

                                                 BEFORE
                           THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR


                             CRIMINAL REVISION PETITION NO.200027 OF 2022
                      BETWEEN:

                      1.    JAGANNATH S/O SHANREPPA MAJGE,.
                            AGED ABOUT 59 YEARS,
                            OCC: GOVERNMENT SERVANT,
                            R/O H.NO.8-10-1/21 (OLD), 8-10-12 (NEW),
                            TEJAMMA NIVAS, AKKAMAHADEVI COLONY,
                            (NEAR RANGAMANDI) BIDAR,
                            DIST. BIDAR - 585 401.

                                                                        ...PETITIONER

                      (BY SRI. SANJAY A. PATIL,ADVOCATE)

Digitally signed by
                      AND:
LUCYGRACE
Location: HIGH        1.    THE STATE OF KARNATAKA THROUGH
COURT OF
KARNATAKA                   POLICE ANTI CORRUPTION BUREAU,
                            BIDAR (ACB BIDAR),
                            DIST. BIDAR - 585 401.
                            REPRESENTED BY SPECIAL PROSECUTOR
                            AND STANDING COUNSEL,
                            HIGH COURT BUILDING,
                            KALABURAGI BENCH - 585 107.

                                                                       ...RESPONDENT

                      (BY    SRI.   GOURISH     S.   KHASHAMPUR,        SPL.PP.   FOR
                      LOKAYUKTA)
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                                     NC: 2023:KHC-K:1124
                                    CRL.RP No. 200027 of 2022




      THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C BY
THE ADVOCATE FOR THE REV. PETITIONER, PRAYING TO
SET ASIDE THE IMPUGNED ORDER DATED 21.06.2022 IN CRL.
MISC. NO.165/2022 PASSED BY THE PRINCIPAL DISTRICT
AND SESSIONS JUDGE AT BIDAR IN CRIME NO.2/2016
REGISTERED BY ANTI CORRUPTION BUREAU POLICE
STATION, BIDAR, FOR THE OFFENCES PUNISHABLE U/SEC.
13(1)(e) AND 13(2) OF PREVENTION OF CORRUPTION ACT,
1988 ON THE APPLICATION FILED U/SEC. 457 OF CR.PC IN
SO     FAR   AS    PETITIONER    IS  CONCERNED      AND
CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE
PETITIONER.

     THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
                           ORDER

1. Petitioner, who has been charge sheeted for the offences punishable under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988, filed an application under Section 457 of Cr.P.C. before the Sessions Judge to release the items at Sl.Nos.1 to 7 on page 10 of the seizure panchanama deposited into the account of erstwhile ACB and gold articles shown at Sl.No.1 to 25 on page 10 and 11 of the seizure panchanama kept in safe custody with the District Treasury, Bidar. The learned Sessions Judge, by the impugned order dated 21.06.2022 rejected the said application.

2. Learned counsel for the petitioner submits that the petitioner has produced prima facie material before the police with regard to his ownership of gold and cash seized from him and they are no more required to the police for any purpose. The case has been registered in the year 2016 and therefore,

NC: 2023:KHC-K:1124 CRL.RP No. 200027 of 2022

there is no justification in not releasing the cash and gold articles to the petitioner.

3. Learned counsel for the respondent-ACB opposes the petition and contends that in the event the articles and cash are released to the petitioner, he may dispossess the same, which may virtually affect the trial.

4. The Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in (2002) 10 SCC 283 has held that, generally the property seized in criminal cases shall not be unduly retained in the Police Station as that may lead to misappropriation, theft or embezzlement of the property.

5. Reading of para 12 of the said judgment indicates that when an application under Section 451 of Cr.P.C. is filed for interim custody of the property, if there are no rival claimants, such property can be released,

a) by preparing detailed proper panchnama of such articles,

b) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial and

c) after taking proper security.

6. In view of the ratio enunciated by the Hon'ble Supreme Court in the aforesaid judgment, the petitioner has

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made out a prima facie case for release of the property sought by him. Accordingly, I pass the following:

ORDER

Criminal petition is allowed. The impugned order dated 21.06.2022 passed by the Principal District and Sessions Judge at Bidar in Criminal Misc. No.165/2022 is hereby set aside. Consequently, the application filed by the petitioner under Section 457 of Cr.P.C. is allowed subject to the following conditions:

(a) The Trial Court shall direct the prosecution to give the inventory of the articles sought to be released along with valuation report.

(b) The Trial Court shall take photographs of the said articles and release them to the petitioner on he furnishing bank guarantee in a sum equal to the value of the property, renewable from time to time.

(c) The petitioner shall produce the properties before the Trial Court whenever required.

(d) While deciding the source of acquisition of the aforesaid properties, the Trial Court shall not get influenced by any of the observations made above.

Sd/-

JUDGE LG