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1997 Supreme(Kar) 631
Karnataka High Court
Oriental Insurance Co.Ltd. - Appellant
Versus
City Co-operative Bank Ltd. - Respondent
Decided On : 11-06-97
CRI.PETN. : 1519 of 95
G.M.Sreenivasa Ready, S.P.SHANKAR
The confessional statements of the accused and the statements of charge-sheet witnesses recorded by the Investigating Officer could be used for the disposal of property under Section 452, Cr PC, despite being inadmissible as evidence in the trial.
Headnote:
Robbery - Criminal Procedure Code - Section 452 - Sections 120-B and 392, IPC
Fact of the Case:
The case involved the prosecution of four accused for robbery of a bank. The trial magistrate acquitted the accused and ordered the confiscation of the stolen cash to the state instead of returning it to the complainant bank.
Finding of the Court:
The court found that the complainant bank was entitled to the possession of the stolen cash and that the lower courts erred in rejecting the bank's prayer for delivery of the cash.
Issues: The main issue was whether the complainant bank was entitled to the possession of the stolen cash under Section 452, Cr PC.
Ratio Decidendi: The court relied on legal provisions and precedents to establish that the complainant bank was entitled to the possession of the stolen cash despite the acquittal of the accused.
Final Decision: The Criminal Revision Petition filed by the Complainant Bank was allowed, and the impugned orders of both the lower courts were set aside. The complainant bank's application under Section 452, Cr PC was allowed, and the stolen cash was ordered to be returned to the complainant bank.
( 1 ) THE judgment dated 7. 2. 1995 of the learned Prl. Sessions Judge. Hassan passed in Cr A 49/91 dismissing the same, stands challenged in Cr P No. 1519/95 by the petitioner The Oriental Insurance company Limited, Bangalore', as the Insurer of the Complainant Bank. In Cr PC No. 426/95 the learned Trial Magistrate's order dated 8th March, 1981 and the said judgment dated 7. 2. 1995 of Session's Court confirming that order of Magistrate are challenged by the Complainant Bank.
( 2 ) THE four accused named, (1) Anantha @ Gende, (2) K. N. Manjunatha @ Manja, (3) Ganesha @ Ganeshraj Ballal and (4) M. K. Ravichandra @ Ravi @ kutti (A1, A2, A3 and A4 respectively) were prosecuted for the offences under section 120-B and 392, IPC before the learned CJM Hassan in CC No. 11/89 by the PW 43 Dy. Superintendent of Police of Hassan sub-Division, (hereinafter referred to as the 'io') Hassan, on the allegations that pursuant to the conspiracy hatched out between them they committed robbery of Rs. 1,78,348/- from the complainant bank on 15. 11. 1988 at about 7. 15 p. m. by putting its employees pws 1 and 2 and CWs 1 and 2, under the instant fear of death and bodily injury to them. On a full-fledged trial were acquitted of the said offences by the learned Trial Magistrate by his judgment dated March 8, 1981. Under the said judgment of acquittal the learned Trial Magistrate further passed his order purporting to be one under Section 452, Cr PC confiscating the said cash marked at M. Os 10 to 32 to the State instead of returning the same to the complaint bank.
( 3 ) THE order of the learned Magistrate was challenged before the learned sessions Judge in said Cr, Appeal No. 41/91 by the City Corporation Bank, hassan, (hereinafter called the 'complainant'), on the ground that the said cash amount belonged to the complainant which was subject of said robbery and as such, the complainant was entitled to return thereof.
( 4 ) IN the course of investigation the IO (PW 43) arrested A-2 on 3. 3. 1989. On his voluntary statement at Ex. P-51 he (IO) recovered, together with other articles, the total cash of Rs. 5. 000/- consisting of two bundles of Rs. 10/- containing Rs. 2,000/-; five bundles, each containing 100 currency notes of Rs. 5/ denomination; one bundle containing 100 currency notes of Rs. 2/ denomination, and three bundles each containing 100 currency notes of rs. 1/-, under Ex. P-20 seizure mahazar marked at Ex. P-10 to P-13 at the trial. Again on 4. 3. 1989 A 1 was arrested and interrogated by the IO and on his voluntary information Ex. P-3 he recovered MO 40 suit case containing currency notes of total value of Rs. 20,000/- consisting of 3 bundles of Rs. 20/- notes-each containing 100 currency notes; 5 bundles of Rs. 10/- notes each containing 100 currency notes; 20 bundles of Rs. 5/- note- each containing 100 currency notes' 4 bundles of Rs. 2/- note- each containing 100 currency notes of Rs. 2/-; and two bundles of Rs. 1/- note-each bundles containing 100 currency notes of Rs. 1/-, which are identified at MO Nos. 16 to 20 by PW- 1. This seizure was effected under Ex. P-21. Again, on 4. 3. 1989 a-1 was arrested by PW-43 (IO) on whose voluntary information at Ex. P-3 he recovered 5 bundles of Rs. 20/- notes at MO 14, and 10 bundles of Rs. 10/- notes at MO 15, of the total value of Rs. 20,000/ -. Similarly, on the same day a-3 was also arrested by PW 43 on whose voluntary statement at Ex. P-55 one bundle of Rs. 20/- notes at MO 22, 10 bundles of Rs. 10/- note at MO 22 and 5 bundles of Rs. 5/- at MO 23, totaling the cash of Rs. 25,000/- were seized under Ex. P-41 the panchnama.
( 5 ) ON the following day i. e. on 5. 3. 1989 the IO effected recovery at the instance of A 1 of bundles of notes of Rs. 10/- denomination marked at MO 24 of the total value of Rs. 2,000/ - under Ex. P-13 panchnama, and one bundle of currency notes of Rs. 10/- marked at MO 25, and 4 bundles of Rs. 5/- note marked at MO 26 under Ex. P-15 panchnama. Th
