ORDER :

This Criminal Petition is directed against the order passed by the Court below in Crl. R.P. No. 65/2019 dated 01.07.2019, whereby confirmed the order passed by the learned III Addl. Senior Civil Judge & CJM, Dharwad, dated 31.05.2019 pertaining to the case in Crime No.74/2019 of Vidyagiri Police Station, consequently in this petition seeking to allow the application filed by the petitioner under Section 451 of Cr.P.C.

2. The factual matrix of this petition are as under:

The complainant namely G.R.Ravikumar filed the complaint before the respondent Police on 07.05.2019, inter alia contending that the complainant who is cultivating the land to the extent of 25 acres in which he is growing Bittle Nut, Pomegranate, Papaya. Apart from that he is also engaged in travel business. The complainant knew a person by name Fayaz from Davanagere, he informed that he will get gold at lesser price. Since he was also intending to purchase gold, by believing the words of Fayaz, he spoke to his friend namely Jakeer Husen, the petitioner herein and both have come to Hubballi on 04.04.2019, that they reached Dharwad and entered a house namely “Matha Pitru Chaya” situated at Rajatgiri area. When they entered the house they met some persons, through the person namely Moulana and after holding discussion, he came to know that he will get gold items at lesser price. He has further contended that on 06.04.2019 he received a phone call from one Girish and Prakash, accordingly, the complainant came to Dharwad for purchase of gold items. Accordingly, on 07.05.2019 at around 7 a.m. the complainant who carried cash in a sum of Rs.12 lakhs and the petitioner herein carried Rs.3 lakhs, and they were accompanied by a goldsmith by name Raju. When they entered into the said house when they were having dialogue in respect of transaction as already discussed in between them, the accused have cheated the complainant by committing the offences under Sections 420 and 395 of IPC. The same has been lugged against the accused in Vidyagiri Police Station Crime No.74/2019. On filing of the complaint by the complainant against the accused, crime came to be registered and thereafter the Police have recovered an amount of Rs.15 lakhs owned by the present petitioner and his friend. To that effect Vidyagiri Police have proceeded for investigation and recovered amount in a sum of Rs.15 lakhs. The said amount has been subjected in P.F. No.45/2019 dated 10.05.2019.

3. The petitioner herein has lost his money in a sum of Rs.3 lakhs. Therefore, he has filed an application under Section 451 read with Section 454 of Cr.P.C. for releasing the said amount which is subjected in P.F. No.45/2019. However, the said application came to be rejected by the Court of the III Addl. Sr. Civil Judge & CJM, Dharwad. Subsequently, the petitioner herein filed a criminal revision petition before the revisional Court in Crl. R. P. No. 65/2019 and the said petition also came to be dismissed in its order 01.07.2019 by confirming the order passed by the Court of the Addl. Sr. Civil Judge & CJM, Dharwad. Therefore, it is clear that this petitioner, who carried in a sum of Rs.3 lakhs was recovered by the Investigating Officer during the course of the investigation and the same has been subjected to P.F. No.45/2019 dated 10.05.2019.

4. The learned counsel for the petitioner herein who has taken me through the averments made in the complaint and so also the contents entered in P.F. No.45/2019 relating to Vidyagiri Police Station Crime No.74/2019. The accused are involved in offences under Sections 420 and 395 of IPC. But subsequent to registration of the crime against the accused, the investigation is taken and charge sheet is also laid against the accused. To substantiate the source of his income, the petitioner has produced important documents, like receipt worth Rs.3 lakhs. Despite of production of this receipt, the Courts below have failed to consider the grounds as urged in the application for releasi