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2023 Supreme(Kar) 1040
IN THE HIGH COURT OF KARNATAKA
Rajesh Rai K., J.
State of Karnataka – Appellant
Versus
Suman Kiran Subbaraya – Respondent
Crl.A. No. 100285 of 2022
Decided On : 13-04-2023
Avinash M.Angadi, Advocate, Santosh B.Malagoudar, Advocate
The death of an accused leads to the abatement of criminal proceedings, allowing legal heirs to claim seized properties under Section 452 of the Cr.P.C. if no rival claims exist.
Headnote:
CRIMINAL PROCEDURE - DE-FREEZING OF ASSETS - Cr.P.C. Sec. 452 - The court discussed Section 452 of the Code of Criminal Procedure, 1973, which allows for the disposal of property at the conclusion of a trial. The court interpreted that the death of the accused results in the abatement of proceedings, leading to the termination of any claims against the property. The court emphasized that the legal heirs are entitled to the property if no rival claims exist, thereby influencing its decision to uphold the trial court's order to release the seized assets.
Fact of the Case:
The respondents, legal heirs of a deceased accused in a corruption case, sought the release of seized properties and de-freezing of bank accounts after the accused's death led to the abatement of proceedings. The trial court granted their application under Section 452 of the Cr.P.C., prompting an appeal from the ACB Police.
Finding of the Court:
The court found that the trial court's decision to release the properties was justified, as the proceedings against the deceased accused had abated due to his death, and the legal heirs were entitled to the property without any rival claims.
Issues: Whether the legal heirs of a deceased accused are entitled to the release of seized properties when the proceedings have abated due to the accused's death.
Ratio Decidendi: The court held that the death of the accused results in the termination of proceedings, and under Section 452 of the Cr.P.C., the legal heirs are entitled to the seized properties if no rival claims are made.
Final Decision: The appeal by the ACB Police was dismissed, and the order of the trial court to release the seized properties was confirmed.
JUDGMENT
RAJESH RAI K., J.
This appeal is filed under Sec. 454(1) of Cr.P.C. by the appellant-ACB Police against the order dtd. 29/1/2022, passed in Crl.Misc.No.1433/2021 by the IV Addl. Sessions Judge, Belagavi (for short 'Trial Court'), wherein, the learned Sessions Judge allowed the application filed by the respondents/petitioners filed under Sec. 452 of Cr.P.C., to de-frieze all the bank accounts/lockers and to release all the articles/items seized under PF No.6/2018 subsequent to the raid conducted on 19/3/2018 in Crime No.6/2018 by the appellant herein.
2. The brief fact of the case is that, the respondents/petitioners being the legal heirs of one Late Kiran s/o of Subbaraya, accused in ACB Crime No.6/2018 have filed application under Sec. 452 of Cr.P.C. to release the articles, to de-frieze the bank accounts, the documents seized by the ACB Police in Crime No.6/2018 at the time of raid conducted on 20/3/2018 and seized the movables and valuables like gold, silver and cash in the house in the presence of panch witnesses and thereafter submitted the property list to the trial Court in Crime No.6/2018. Prior to filing of the final report by the said ACB Police, the accused died on 16/4/2021. Accordingly, entire proceedings got terminated in view of the death of the accused. The respondents / petitioners being the legal heirs of deceased / accused are filed the application before the trial Court as stated supra and the learned trial Judge allowed the same. Being aggrieved by the said order, the ACB Police filed this appeal to set aside the order passed by the trial Court in Crl. Misc. No.1433/2021.
3. Heard the learned counsel Sri.Santosh B.Malagouder for the appellant and the learned counsel Sri.Avinash Angadi, learned counsel for respondents.
4. The learned counsel for appellant vehemently argued that the learned trial Judge has erred by allowing the application filed by the respondents under Sec. 452 of Cr.P.C. since the accused has not submitted his schedule before the investigation officer during the course of investigation even after giving him so many opportunities, thus, when the accused has failed to furnish schedule statement during his life time, the respondents are not entitled to claim right over such properties. He would further contend that the huge amount, articles and properties seized during the investigation by the appellant are nothing but the ill-gotten wealth of the accused and such properties cannot be returned back to the family when there is no proper explanation given by them as to how they are really entitled for such disputed properties. As such, he prays to set aside the order passed by the trial judge in Crl.Misc.No.1433/2021.
5. Per contra, learned counsel for the respondents contend that there is no dispute to the fact that the proceedings against the accused in crime No.6/2018 stood abated in view of his death on 16/4/2021. Hence, the abatement of the accused results in total termination of proceedings. Hence, there is no question of confiscation of the property of the deceased/accused and respondents being the legal heirs of the accused they are entitled for the same. Accordingly, the learned trial Judge has rightly allowed the application filed by the respondents/petitioners and ordered to release the properties. He would further contend that the law in respect of the said aspect is settled by this Court in Crl.R.P. No.982/2015 dtd. 23/8/2019. Hence, he prays to dismiss the appeal.
6. I have bestowed my anxious consideration on the arguments advanced by the respective counsel and also perused the documents available on record.
7. As rightly contended by the learned counsel for the respondents, there is no dispute to the fact that proceedings against the accused stood abated in view of his death on 16/4/2021. As per the settled proposition of law, death of the accused would result total termination of the proceedings.
8. Sec. 452 of The Code Of Criminal Procedure, 1973 reads as under:
452. Or
