IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4153 OF 2013 BETWEEN:
SRI B.N.NAGESH S/O. NAGABHUSHAN RAO B.V AGE: 40 YEARS R/AT NO.83, 5TH MAIN 3RD CROSS, SHANKAR NAGAR BANGALORE – 560 096 …PETITIONER (BY SRI GANAPATHI C.V. ADVOCATE FOR SRI SANKET M.YENAGI)) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY BASAVESHWARA NAGAR POLICE STATION CCB, BANGALORE – 560079 2. ASHOK WALIKAR S/O. LATE JETTAPPA WALIKAR AGE: 50 YEARS R/AT NO.97, 2ND CROSS NAGARABHAVI, NGEF LAYOUT BANGALORE - 560072 ... RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; SRI UMASHANKAR S. ADV., FOR R2 (ABSENT)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 21.06.2012 PASSED BY THE P.O., F.T.C – XVI, BANGALORE CITY IN CRL.R.P.NO.363/2011.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1. Learned counsel for respondent No.2 is absent.
2. Petitioner is aggrieved by the order dated 21.06.2012 passed by the Presiding Officer, Fast Track Court-XVI (FTC), Bengaluru City in Criminal Revision Petition No.363/2011, whereby, the learned Sessions judge has set aside the order passed by the IV Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.314/2008 dated 16.9.2011 and directed the police to hand over the interim custody of the properties comprised in P.F.No.77/2007 to the second respondent herein. Though, under the said order various items of the properties were directed to be handed over the interim custody to respondent No.2, this petition is confined only with regard to release of the properties comprised in PF No.77/2007.
3. Learned counsel for the petitioner has pointed out that much earlier to the impugned order, the application filed by the petitioner herein seeking return of the properties comprised in PF No.77/2007 was allowed and the petitioner herein was permitted to withdraw the amount of Rs.15 lakh seized in PF No.77/2007. Certified copy of the said order dated 17.01.2008 passed in C.C.No.314/2008 is produced at Annexure-C.
4. The above order appears to have not been brought to the notice of the learned Sessions judge while passing the impugned order. It is therefore necessary to quash the impugned order passed by the Presiding Officer, FTC-XVI dated 21.06.2012 in Crl.R.P..No.363/2011 to the extent of granting interim custody of the properties in PF No.77/2007 to respondent No.2. To this extent, the petition is allowed and the impugned order is quashed only insofar as the properties comprised in PF No.77/2007 are concerned and the matter is remitted back to the Sessions Court to reconsider the said issue in the light of the observations made in this order.
5. Since the petitioner is not a party before the trial Court, petitioner shall move necessary application before the Sessions Court seeking to implead him in the petition, thereafter, learned Sessions Judge shall proceed in the matter in accordance with law.
Sd/- JUDGE HJ