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Karnataka High Court
Mrs. Jayashree vs Manappuram Finance Ltd on 13 February, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2026:KHC:8949
CRL.RP No. 253 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 253 OF 2020
BETWEEN:
MRS. JAYASHREE
W/O MR PREM KUMAR
AGED ABOUT 47 YEARS
SAI KRIPA HOUSE
KARNATAKA BANK HEAD OFFICE
KULSHEKAR POST, PUMP WELL
MANGALURU-575 005.
...PETITIONER
(BY SRI. K SHASHIKANTH PRASAD, ADVOCATE)
AND:
1. MANAPPURAM FINANCE LTD.
Digitally
signed by MANGALURU BRANCH
NANDINI M S REPRESENTED BY
Location: ITS MANAGER[LEGAL]
HIGH COURT MR KEERTHI PRASAD,
OF
KARNATAKA S/O KRISHNAPPA
AGED ABOUT 39 YEARS
MANAPURA FINANCE LTD
REGIONAL OFFICE, 3RD FLOOR
LAXMI KRISHNA TOWER
BALMATTA ROAD,
MANGALURU-575 002.
2. STATE OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
-2-
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CRL.RP No. 253 of 2020
HC-KAR
KAVOOR POLICE STATION
BENGALURU-560 001.
...RESPONDENTS
(BY SRI. ANISH JOSE ANTONY, ADVOCATE FOR R1,
SRI. CHANNAPPA ERAPPA, HCGP FOR R2/STATE)
THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC
PRAYING TO SET ASIDE THE ORDER DATED 14-05-2014 IN PC
368/09 CRIME NO. 160/2009 ON THE FILE OF JUDICIAL
MAGISTRATE FIRST CLASS (III COURT) MANGALORE AND AS
WELL AS DATED 18-09-2019 IN CRIMINAL APPEAL NO.
133/2014 FROM THE FILE OF VI THE ADDITIONAL DISTRICT
AND SESSIONS, JUDGE, MANGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
The complainant is before this Court in this criminal
revision petition filed under Sections 397 and 401 of
Cr.P.C. with a prayer to set aside the order dated
14.05.2024 passed in P.C.No.368/2009 (Crime
No.160/2009) by the Court of JMFC (III Court), Mangalore
and the order dated 18.09.2019 passed in
Crl.A.No.133/2014 by the Court of VI Additional District
and Sessions Judge, Mangaluru.
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2. Heard the learned counsel for the parties.
3. The petitioner herein had filed a private
complaint in P.C.No.368/2009 before the Jurisdictional
Court of Magistrate alleging that accused named in the
complaint i.e. H. Venkatesh Kamath and another had
committed offences punishable under Sections 403, 406
and 420 read with Section 34 of IPC.
4. Learned Magistrate had referred the matter to
the Jurisdictional Police Station for investigation under
Section 156(3) of the Cr.P.C and it appears that FIR in
Crime No.160/2009 was registered by the Kavoor Police
Station, Mangaluru, Dakshina Kannada for the aforesaid
offences. During the course of investigation of the said
case, on 27.05.2010, Kavoor Police had seized certain gold
articles from the office of respondent No.1-Finance
Company, which was subjected to P.F.No.28/2010. It
appears that subsequently the police after completing
investigation had filed a 'B' final report in Crime
No.160/2009. Thereafter, application under Section 452 of
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Cr.P.C was filed by respondent No.1 herein seeking
custody of the gold articles which were seized from its
office. The said application was opposed by the petitioner
herein in whose favour the interim custody of the gold
articles were released in Crime No.160/2009.
5. Learned Magistrate by order dated 14.05.2014
had allowed the application filed by respondent No.1
herein and directed the petitioner herein to hand over the
gold articles to the respondent No.1-Company, subject to
condition. The said order was unsuccessfully challenged by
the petitioner before the Appellate Court in
Crl.A.No.133/2014 which was dismissed on 18.09.2019. It
is under these circumstances, the petitioner is before this
Court.
6. In the private complaint filed by the petitioner,
it is alleged that accused No.1 named in the complaint and
his wife had taken her gold jewellery and subsequently,
had pledged the same with respondent No.1-Finance
Company without her knowledge. Alleging that the
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accused No.1-H. Venkatesh Kamath and his wife had
committed the aforesaid offences and cheated her, the
private complaint was filed. The said complaint was
referred to the jurisdictional police, who had registered FIR
in Crime No.160/2009 and during the course of
investigation, the gold articles which were pledged by H.
Venkatesh Kamath with respondent No.1-Finance
Company were seized and subjected to P.F.No.28/2010.
7. It is not in dispute that after completing
investigation in Crime No.160/2009, the police have filed
'B' final report which is accepted by the jurisdictional Court
of Magistrate. Undisputedly, the said order of acceptance
of 'B' final report had not been questioned by the
petitioner herein till date. Appreciating the aforesaid
aspects of the matter, the Trial Court had allowed the
application filed by respondent No.1 herein under Section
452 of Cr.P.C and the said order has been confirmed by
the Appellate Court in Crl.A.No.133/2014. I do not find
any illegality or irregularity in the orders impugned, which
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calls for interference by this Court in exercise of its
revisional jurisdiction. Under the circumstances, I decline
to entertain this petition. Accordingly, the revision petition
is dismissed.
In view of the dismissal of the petition,
I.A.No.1/2019 does not survive for consideration.
Accordingly, the same is disposed of.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
CR
List No.: 1 Sl No.: 33
