IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL REVISION PETITION NO. 1196 / 2017 BETWEEN Sundaramma W/o Late Honne Gowda Aged about 58 years R/at 5th Cross Hemavathinagar Hassan – 573 201.
(By Sri. Viswanath Setty .V, Advocate) AND 1. State by Arasikere Rural .P .S Hassan District Rep. by High Court Public Prosecutor Ambedkar Veedi Bengaluru – 560 001.
2. Muthoot Finance Ltd., Kodigehalli Branch No.14, ‘Krishna Nilaya’ 1st Floor, Kodigehalli Main Road Sanjeevini Nagara Bangalore Rep. by the Branch Manager.
(By Sri. Thejesh .P , HCGP for R-1;
... Petitioner ... Respondents Sri K. S. Venkataramana – Advocate for R-2) This Criminal Revision Petition is filed under Section 397 of the Code of Criminal Procedure, praying to, set aside the order passed by the II-Additional District and Sessions Judge, Hassan in S.C.No.327/2014 dated 13.10.2017 allowing the application filed by the Respondent No.5 herein under Section 457 of Cr.PC in respect of release of cash of Rs.2,00,000/- seized by the police in P.F.No.82/2014 and be pleased to dismiss the application filed by the Respondent No.5 for release of said cash, which has already been released in favour of the petitioner.
This Criminal Revision Petition Coming on for Admission, this day, the court made the following:
ORDER Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and learned counsel for respondent No.2.
2. This petition is filed challenging the order dated 13.10.2017 passed by the II Addl.District and Sessions Judge, Hassan in S.C.No.327/2014 allowing the application filed by the respondent No.5, under Section 457 of Cr.P.C. in respect of release of cash of Rs.2,00,000/- seized by the police in PF No.82/2014.
3. The investigating agency had seized the property and cash under PF Nos.74/2014, 81/2014, 82/2014, 83/2014, 84/2014, 85/2014, 87/2014. It is the allegation that the son of the applicant Chandregowda was murdered and ornaments and cash were also stolen from the house and they were pledged at Muthoot Finance. After securing the accused persons, the gold ornaments pledged at Muthoot Finance were seized under PF 84/2014 and in other PFs, cash was seized. The applicant- Sundaramma had filed an application to release the gold as well as cash to her custody. Muthoot Finance also had filed an application under Sections 451 and 457 of Cr.P.C. for release of balance amount of Rs.2,00,000/- out of admitted amount of Rs.4,58,000/-, in its favour. The Court below vide order dated 30.12.2014 released the gold as well as cash to the interim custody of the applicant – Sundaramma.
4. The said order was challenged before this Court in Crl.R.P.No.122/2015 by the Muthoot Finance and vide order dated 19.01.2017 the revision petition came to be allowed and the matter was remanded to the Court below to consider the applications simultaneously and to pass appropriate orders, in accordance with law.
5. Pursuant to the directions passed by this Court in Crl.R.P.No.122/2015, the Court below reconsidered the matter and passed fresh order on both the applications. The application filed by Sundaramma was allowed in part only with respect to the property seized under PF No.72/2014, 84/2014, 83/2014, 84/2014, 85/2014, 87/2014. Further, the application filed by Muthoot Finance was ordered to be kept pending till the disposal of the case and the amount of Rs.2,00,000/- seized under PF No.82/2014 was ordered to be kept in a Court FD for a period of three years. Further, Smt.Sundaramma was directed to return the amount of Rs.2,00,000/- within 15 days from the date of the order. Hence, this petition by Smt.Sundaramma challenging the said order.
6. Having heard the learned counsel for the petitioner and learned counsel for respondent No.2, it is not in dispute that a sum of Rs.2,00,000/- has been seized at the instance of accused No.1 in S.C.327/2014 and the involvement of accused No.2 Shruthi, said to be the wife of deceased Chandragowda and she being the daughter-in-law of the petitioner herein. Therefore, in the peculiar facts and circumstances of the case and in the interest of both the parties, I deem it just and proper to direct the Court below to pass appropriate orders on the application filed by the Muthoot Finance which is ordered to be kept pending till the disposal of the case in S.C.No.327/2014. The said application shall be disposed of by the Court below within an outer limit of 30 days from the date of receipt of copy of this order, by giving an opportunity to both the parties, in accordance with law.
With the above observation, the petition stands disposed of. However, the order passed by the Court below to keep the amount of Rs.2,00,000/- seized under PF No.82/2014 in a Court FD for a period of three years, shall be kept in abeyance, pending disposal of the application filed by the Muthoot Finance.
DKB Sd/- JUDGE