Karnataka High Court
Shri.Raju Padmanna Kuri vs The State Of Karnataka on 21 July, 2020
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21 S T DAY OF JULY 2020
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL REVISION PETITION No.100054/2020
BETWEEN:
SHRI RAJU PADMA NNA KURI,
AGE 42 YRS ., OCC: AGRL.,
R/O HARUGERI, TA L. RAIBAG
DIST. BELAGAI .
... PETITIONER
(BY SRI. VITTAL S . TELI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPERS ENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD, T HROUGH HA RUGERI POLICE
HARUGERI, TAL. RAIBAG,
DIST. BELAGAVI .
... RES PONDENT
(BY SRI.RAMESH B. CHIGARI , HCGP)
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 R/W SEC.401 OF CR.P.C.
PRAYING TO SET A SIDE THE ORDER DATED 01.02.2020
PASSED IN CRIMINAL MISC. NO.151/ 2020 (I N
HARUGERI P.S . CR.NO.130/2019) BY THE II ADDL.
DISTRICT AND SESSIONS JUDGE, BELAGAVI AND TO
RELEASE THE AMOUNT SEIZED IN FAVOUR OF THE
PETITIONER.
2
THIS CRIMINAL REVISION PETITION COMING ON
FOR ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This revision petition has been filed challenging the order dated 01.02.2020 passed in Crl.Misc.No.151/2020 by the learned II Additional District and Sessions Judge, Belagavi, whereunder the petition filed by the petitioner under Section 451/457 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for short) seeking release of a sum of Rs.3,95,100/- to his interim custody has been rejected.
2. The petitioner is accused No.1 in Crime No.130/19 of Harugeri Police Station registered for the offences punishable under Sections 465 and 420 of the Indian Penal Code (hereinafter referred to as the 'IPC', for short). The allegations made against the petitioner is that he used to prepare forged marks card in his 3 printing press and on search in his printing press, an amount of Rs.3,95,100/- and other articles were found and the police seized them and subjected to PF No.73/2019 dated 01.10.2019. The revision petitioner filed a petition under Section 451/457 of Cr.P.C. seeking release of the said amount of Rs.3,95,100/- claiming that he is the owner of the said Indian currency notes and they are seized from his Om Shakti Printing Press, Harugeri, and that he had borrowed the said amount from one Sri. Ashok Satteppa Gudodagi, resident of Yalaparatti, Tq, Raibag, on the promise of repayment before December 2019 and he had also issued a post dated cheque bearing No.751626 for an amount of Rs.4,00,000/- drawn on RBL Bank Branch, Harugeri. The learned Sessions Judge has rejected the said application on the ground that the said amount has been collected by illegal means and that the case is under investigation.
4
3. Learned counsel appearing for the petitioner argued that the petitioner is entitled for release of an amount of Rs.3,95,100/- as he is the owner and from his possession the said amount has been seized and the said amount had been borrowed from Ashok Satteppa Gudodagi under agreement dated 07.09.2019 which is prior to the registration of the case against the petitioner. He further argued that the petitioner has to repay the said amount to the said Ashok Satteppa Gudodagi. He has placed reliance on the decision of the Hon'ble Apex Court in the case of Sunderbai Ambalal Desai v. State of Gujarat reported in ILR 2003 Kar. 2243.
4. The learned High Court Government Pleader argued that investigation is still under progress and the said amount is required for investigation and prayed to dismiss the revision petition.
5
5. On the allegation that the petitioner is preparing forged marks card, a case has been registered against him on 01.10.2019 for the offences punishable under Sections 465 and 420 of IPC and a sum of Rs.3,95,100/- has been seized from the printing press of the petitioner along with other articles and documents.
6. A copy of hand loan agreement dated 07.09.2019 reveal that the petitioner has borrowed a sum of Rs.4,00,000/- on 07.09.2019 from one Ashok Satteppa Gudodagi which is repayable before 06.12.2019. It is submission of the learned counsel for the petitioner that out of the said amount, a sum of Rs.3,95,100/- kept in the printing press of the petitioner has been seized by the police and the said amount belongs to the petitioner and it is no way connected to the crime in question.
6
7. Looking to the date of the hand loan agreement and the registration of the present case on 01.10.2019, immediately prior to the registration of the case, the petitioner had borrowed the said amount and the same was lying with him and belongs to him. Learned counsel for the petitioner submits that the said amount is required to be repaid to Ashok Satteppa Gudodagi. The learned Sessions Judge has not considered all these aspects even though it is pleaded in the application.
8. The Hon'ble Apex Court in the case of Sunderbai (supra) at paras 5 and 8 has observed as under:
" 5. In our view, the powers under Section 451 Cr.P.C. should be exercised expeditiously and judiciously. It would serve various purposes, namely:-
1. Owner of the article would not suffer because of its remaining unused or by its misappropriation.
2. Court or the police would not be required to keep the article in safe custody.7
3. If the proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail;
and
4. This jurisdiction of the Court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles.
8. Valuable Articles and Currency Notes. With regard to valuable articles, such as golden or silver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such articles in police custody for years till the trial is over. In our view, this submissions requires to be accepted. In such cases, Magistrate should pass appropriate orders as contemplated under Section 451 Cr.P.C. at the earliest.
For this purpose, it material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after:-
(1) preparing detailed proper panchanama of such articles;8
(2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and (3) after taking proper security.
For this purpose, the Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 Cr.P.C., the bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. The Court should see that photographs of such articles are attested or countersigned by the complainant, accused as well as by the person to whom the custody is handed over. Still however, it would be the function of the Court under Section 451 Cr.P.C. to impose any other appropriate condition."
9. Release of the amount sought by the petitioner are currency notes seized from his possession belonging to him and therefore, he is entitled for release of the said currency notes to his interim custody subject to conditions. The learned Sessions Judge has not considered all the above said aspects and has simply rejected the application of the petitioner on the ground 9 that the investigation is pending and the amount has been collected by illegal means. The said order passed by the learned Sessions Judge is erroneous and requires to be set aside. The petition filed by the petitioner under Section 451 read with Section 457 of Cr.P.C. requires to be allowed.
The revision petition is allowed. The order dated 01.02.2020 passed by the learned II Additional District and Sessions Judge, Belagavi, in Cri.Misc.No.151/2020 is set aside. The petition filed under Section 451 read with Section 457 of Cr.P.C is allowed. Sum of Rs.3,95,100/- seized in Crime No.130/19 by Harugeri Police and subjected to PF No.73/2019 at Sl.No.10 is ordered to be handed over to the custody of the petitioner subject to the petitioner executing indemnity bond for a sum of Rs.3,95,100/- with one surety for the likesum subject to the following conditions: 10
i) The Investigating Officer shall prepare the panchanama denoting the serial number and denomination of the currency notes at the time of releasing the same to the petitioner-accused No.1.
ii) The Investigating Officer shall take photographs of the said currency notes at the time of handing over/releasing to the interim custody of the petitioner-accused No.1 at the cost of the petitioner.
Sd/-
JUDGE kmv