The petitioner is the wife of accused in Crime No.3 of 2017 of ACB Police, Dharwad and being applicant No.4 in the application filed under Section 451/457 of Cr.P.C, is before this Court in this revision petition with a prayer to modify the order of the III Additional District and Sessions Judge and Special Judge, Dharwad dated 07.09.2017 and further praying to release the Gold and Silver Ornaments, etc., to the applicant as stated in the application filed by her under Section 451/457 of Cr.P.C before the Court below.

3. It is the case of the petitioner that she is the wife of Sri.Kariyappa Karnal who was working as Assistant Commissioner of Commercial Taxes (Enforcement-1), Hubballi against whom the ACB Police filed a case in Crime No.3 of 2017 under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 alleging accumulation of wealth disproportionate to his income.

4. It is the further case of the petitioner that while conducting raid, the ACB police not only seized the properties belonging to the accused, but also properties belonging to the petitioner including the family gold and silver articles, pooja articles of the deceased mother of the petitioner and her movable properties and properties delivered to the petitioner by legal conveyance at the hands of the petitioner duly conveyed well before her marriage with the accused.

5. It is the contention of the petitioner that the court below after hearing the matter, though, partly allowed her application under Section 451/457 of Cr.P.C. and was pleased to defreeze the Bank accounts for operation and directed to hand over cash of Rs.1,35,000/-subject to conditions, however, did not make any order for the return of petitioner’s cash, gold and silver articles, religious pooja silver and gold articles, gold and silver ornaments etc., which is unsustainable.

6. The learned counsel for the petitioner would submit that the return of the aforesaid articles are required for attending religious ceremonies and performing the marriages of two sons of the petitioner without which the marriage cannot be performed as per the family tradition. The learned counsel further submits that no damage will be caused to the prosecution if the articles are released and the petitioner is willing to undertake and furnish indemnity bond to the value of gold and silver articles now sought for and any condition may be imposed by this Court.

7. The learned counsel placed reliance on the judgment of this Court in the case of Gonugunta Brahmaiah and Another v. State by CBI Police, ACB, Bangalore (Crl.R.P.No.2281/2013 c/w. Crl.R.P.No. 2280/2013) and submits that in the said case in an identical situation this Hon’ble Court allowed the application filed under Section 451 and 457 of Cr.P.C. subject to conditions.

8. On the other hand, the learned Special Counsel appearing for the respondent vehemently opposed the prayer made by the petitioner and contended that the accused by misusing the position as a public servant has acquired assets disproportionate to his known source of income which is about 390% and the investigation has revealed that the accused has acquired the said property illegally in his own name as well as in the names of his family members. He submits that there is not even an iota of evidence which speaks that gold and silver ornaments were acquired or they are the stridhan property of the petitioner. He submits that the seized articles are in safe custody and if they are released there are chances of changing the nature of property and disposing the property by the petitioner is also not ruled out. Hence, he submits that there is no necessity to modify the order passed by the Court below and accordingly seeks to dismiss the petition.

9. That the petitioner is the wife of the accused and she filed an application under Section 451 and 457 of Cr.P.C. seeking custody of various gold ornaments, silver articles, cash and also for de-freezing bank accounts etc. On the said