Karnataka High Court
Shanmukhappa K Dombar vs State By Karnataka on 30 June, 2014
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF JUNE, 2014
BEFORE
THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA
CRIMINAL REVISION PETITION NO. 2269/2013
BETWEEN:
SHANMUKHAPPA K DOMBAR
S/O KRISHNAPPA DOMBAR,
AGED: ABOUT 61 YEARS,
RESIDING AT RAJ RAJESHWARI NAGAR,
6TH CROSS, P.B. ROAD,
RANNEBENNUR-581115.
DISTRICT HAVERI.
... PETITIONER
(BY SRI PRASHANT V MOGALI, ADVOCATE)
AND :
STATE BY KARNATAKA
LOKAYUKTA POLICE,
HAVERI.
... RESPONDENT
(BY SRI V.T. SONWALKAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S
397 R/W 401 OF CR.P.C. SEEKING TO SET ASIDE THE
ORDER PASSED BY THE PRL. DIST. & SESSIONS JUDGE &
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SPL. JUDGE, HAVERI, VIDE ANNEXURE-E, DATED
11.07.2013 IN S.V.C.NO.9/2011 BY ALLOWING THIS
REVISION PETITION.
I.A. NO.1/2014 IS FILED FOR EARLY HEARING.
THIS CRIMINAL REVISION PETITION A/W. I.A.
COMING ON FOR ORDERS THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
Heard learned counsel for the petitioner and learned Standing Counsel for the Lokayuktha.
2. Petitioner has approached the trial Court in Special Lokayuktha Case No.9/2011 seeking release of properties seized by the Investigating Officer in the said case which is registered against the petitioner for the offences punishable under Sections 13(1) (e) read with Section 13(2) of the Prevention of Corruption Act, 1988.
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3. It is an undisputed fact that, during the course of investigation police have seized certain articles, which have been listed in Annexure - D and the same is marked as Annexure - C before this Court. The said list contains the following articles -
i. Original Life Insurance Policies.
ii. Original National Savings Certificates.
iii. Silver Articles weighing 100 grams.
iv. Original RC books of Hero Honda motor cycle bearing Reg. No.KA-27/H-3653.
v. Pigmy A/c. No. DD 1813 in Gajanana Urban Co-
operative Bank Ltd., Ranebennur, Haveri. vi. Pigmy A/c. No. DD 1812 in Gajanana Urban Co-
operative Bank Ltd., Ranebennur, Haveri. vii. Savings Bank A/c. No.64022504892 in State Bank of Mysore, Hospet.
4. The learned Sessions Judge has dismissed the said application filed under Section 451 / 457 of the Code of 4 Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for brevity) on the ground that at the preliminary stage the Court cannot form an opinion that the premium paid by petitioner - accused is through his known legal source of income, and the amount deposited in the Pigmy Accounts is also from a legal source. In order to substantiate the contention of accused ten documents have been placed before the Court. Therefore, the learned Sessions Judge has dismissed the said application by holding that there are no materials to show that those amounts have been paid out of the legal source of income of the petitioner. In my opinion, at this stage, this Court cannot go into all those details as to whether the said properties have been acquired by corruption or illegal means by the petitioner. All those facts have to be thrashed out during the course of a full dressed trial. The object of releasing the properties, which are seized during the course of investigation is not only to safeguard the properties, but also to keep the properties in tact till the completion of trial. The Court has to ascertain as to who is 5 the proper custodian of those documents during the pendency of the proceedings before the Court. If the original Insurance Policies are to be marked during the course of trial and the prosecution has to prove that the amount invested in those policies, National Savings Certificates, motorcycle, pigmy accounts and etc., are acquired by petitioner out of his corrupt practice, the Court can impose reasonable conditions to achieve that object.
5. It is also to be noted that during the course of investigation the Investigating Officer has also stated that the petitioner has also got several immovable properties. During the course of trial, if at all the Court comes to the conclusion that these properties are liable to be confiscated to the State, then the other properties of the accused persons are also available to compensate the amount involved in the original Life Insurance Polices and other National Savings Certificates. Therefore, I am of the opinion that if these documents are released in favour of the accused 6 by imposing conditions that, if the policies attain maturity, then the amount should be deposited in his account and petitioner shall furnish the details to the Court. He shall not alienate or transfer the silver articles, and the motorcycle.
6. The learned counsel for petitioner has drawn my attention to the order passed by this Court in Crl.R.P. No.2200/2010, 2201/2010, 2202/2010 and 2203/2010 dated 24.06.2010, wherein, in similar matter this Court has ordered to release the properties in favour of the petitioner on certain conditions. Under the above said circumstances, I am of the opinion that if these properties are released in favour of petitioner by imposing some conditions, it would not cause any injustice to the complainant. With these observations, the petition deserves to be allowed.
7. In the result, revision petition is allowed. The application filed by petitioner under Section 451 read with Section 457 of Cr.P.C. is hereby allowed. Consequently, the 7 trial Court is directed to release the aforementioned seized properties, to the interim custody of petitioner herein, subject to the following conditions :
i) The trial Court has to replace the Life Insurance Policies, National Savings Certificates, Original R.C. books, documents pertaining to Pigmy accounts and Savings Bank Account with the suo motu certified copies of said documents at the cost of petitioner and by replacing the certified copies, the originals have to be returned to the petitioner.
ii) The photograph of silver articles at Sl. No. 3 of the said properties in Annexure-C shall be taken at the cost of petitioner and by getting the Appraiser report with regard to value of the said property, the said property shall be released in favour of petitioner.8
iii) The petitioner - applicant shall not in any way alter the properties, particularly, the silver articles and also the motorcycle in any manner and he shall not alienate or transfer those articles during the pendency of the proceedings before the Court and he shall produce those articles as and when required for the purpose of trial before the trial Court.
iv) If any amount is reaped from the original Insurance Policies, National Savings Certificates and the Pigmy account, the same shall be kept in the account of petitioner - accused and information shall be furnished to the Court.
v) The applicant - petitioner shall also execute an indemnity bond for the value of the above said properties as may be assessed by the Court and the Appraiser with one solvent surety for a likesum to the satisfaction of trial Court. 9
In view of disposal of main revision petition, I.A. No.1/2014 for early hearing does not survive for consideration. Accordingly, I.A. No.1/2014 is disposed of.
Office is hereby directed to send back the records to the trial Court forthwith.
Sd/-
JUDGE hnm/