IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 BEFORE THE HON’BLE Mr. JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.5857/2018 BETWEEN:
Sri.J.Manjunath, S/o.late R.Jagannath, Aged about 36 years, R/at C/o.Govardhan, No.106, Lakshmi Krishna Apartment, BEML Layout, R.R.Nagar, Bengaluru-560 098.
...Petitioner (By Smt.Kusuma.R.Prasad, Advocate For Sri.L.M.Chidanandaiah, Advocate) AND:
1. State by (CCB-F & M), Sheshadripura Police Station, Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
2. Mr.Raju Laxman Jadhav, Aged about 48 years, S/o.Lakshman Jadhav, Allapura LT, Sindagi Road, Vijayapur-586 104, Karnataka.
(By Sri.S.Rachaiah, HCGP for R-1) ...Respondents This Criminal Petition is filed under Section 482 Cr.P.C., praying to set aside portion of the order dt.10.7.2018 passed by the IV Addl.CMM, Bengaluru in Cr.No.21/2018 of CCB F & M of P.F.No.26/2018 & allow the entire I.A filed u/s.451 & 457 of Cr.P.C.
This Petition coming on for admission, this day, the Court made the following:-
ORDER Petitioner is Accused No.1 in Crime No.21/2018 which is registered by Sheshadripuram Police Station for the offence punishable under Sections 406 and 420 of IPC.
2. Respondent No.2-complainant has lodged the complaint in question alleging that accused had received a sum of Rs.2,00,000/- by way of advance assuring complainant that since he is the President of Karnataka State Employees Union and would be able to secure him a job. With the fond hope that the accused would be able to procure a job though his son-in-law Manjunath K.Rathod who is a lineman, an amount of Rs.6,00,000/- was agreed to be paid and by way of advance, Rs.2,00,000/- was paid and likewise, petitioner had also received Rs.3,25,000/- from one Lakshman Mallad and Hemanth Desai assuring them of securing a job as PDO. Hence, complainant sought for suitable action being taken against petitioner-accused. During the course of investigation, jurisdictional I.O has seized a sum of Rs.4,00,000/- in P.F.No.26/2018 from petitioner. For release of said amount, petitioner- accused filed an application and learned trial Judge, on the ground that claim of the complainant in the instant case (Crime No.21/2018) is only to the extent of Rs.2,00,000/-, has ordered for release of Rs.2,00,000/- out of Rs.4,00,000/-. As such, petitioner is before this Court contending that entire amount should have been released.
3. Having regard to the facts stated hereinabove and the fact that still claim of the complainant for release of Rs.2,00,000/- is under adjudication before the learned trial judge, this court finds that there is no infirmity in the order passed by the learned trial judge in allowing the application of petitioner-accused in part either in law or on facts.
4. No other good ground is made out to entertain this petition. Hence, Petition stands rejected.
bnv* SD/- JUDGE