This revision petition is filed under Section 397 and

401 of the Code of Criminal Procedure, 1973 (for short

‘Cr.P.C.) with a prayer to set-aside the impugned order of

the IV Additional District and Sessions Judge, Belagavi

dated 8.2.2021 and to release/defreeze the property

seized/accounts seized/Fixed deposits held as shown in

Sl.No.792, 796, 797 mentioned in the Raid Panchanama

dated 16.6.2020, as per Annexure XV to the petition.

2.

It is contended that the petitioner is a widow

and her husband by name Surendra Uppar expired on

18.12.1992. Her son by name Subhas Surendra Uppar is

the accused in the ACB Crime No.6/2020, while he was

working as a Assistant Controller, Inspecting Squad-3,

Department of Legal Meteorology, Belagavi, a case came

to be registered for the offence punishable under Sections

13(1) (b) read with Section 13(2) of the Prevention of

Corruption Act, 1988 (As amended by Act No.16 of 2018).

It is contended that when the husband of the petitioner

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was working in Government of Karnataka, in Public Works

Department, he died. The petitioner received all the

financial benefits and enjoying the same. The Government

of Karnataka sanctioned the family pension vide order

No.3925 FD dated 19.12.1992, to the petitioner. The

petitioner received family pension through Syndicate Bank

account

No.05002030002470

from

the

Treasury

Department Belagavi. This account is meant for credit of

family pension being paid every month by the Government

of Karnataka and she has not received any other income

credited to this account. So, any stretch of imagination it

could be connected to the source of income of the accused.

It is further contended that besides family pension, from

time to time, she purchases and sells the buffaloes, Desi

Cows, and H.F/Jersey Cows. During the enquiry period she

had Five Buffaloes of second/third yield and two small

buffaloes and one high milk yielding Jersey cows and daily

take these animals for grazing to the nearest green fooder

yards and lands in the neighbouring places from morning

to evening and personally milk them and sell the milk and

earn sizeable income from them. The petitioner sold the

4

same and received regular and periodical income. This

income by any stretch of imagination cannot be connected

and cannot be said to have been acquired by the accused.

She is coming from rich agricultural family and from her

father by name Ramappa Pidai, the agricultural lands are

inherited. After the death of petitioner’s father, as per the

consent of all the brothers and family elders and as last

wish of her father, the petitioner was to be given her share

i.e., receivable by father of the petitioner. Hence, the

portion of the agricultural land was sold by the brothers of

the petitioner.

3.

After the demise of their father, a suit was

instituted by sons and daughters. In O.S.No.210/2018

before Addl. Civil Judge and JMFC., Raibag, that came to

be compromised and as a result, the brothers of the

petitioner

and

their

sons

and

daughters

received

Rs.15,50,000/-, as per the cheques paid by the defendants

therein. It is further contended that as the petitioner was

not willing to take agricultural property and requested for

cash, the brothers handed over the cash under gift deed

dated 18.4.2019. Now his son is falsely implicated and

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without obtaining the statement of petitioner, the ACB

police station filed a false source report to the ACB-

Superintendent of

Police, North

Zone,

Belagavi on

9.6.2020. The income of the petitioner with that of her

son. The ACB-Superintendent of Police, North Zone,

Belagavi during raid seized personal and individual

property of petitioner i.e., Bank passbook, post office

passbook and Vikas certificate. The bank account and cash

deposits are the own amount received from parental house

of the petitioner. As her application for release of property

was rejected. The petitioner is entitled for defreeze of

articles 789 to 795.

4.

The account at Sl.No.792 is her family pension.

The 796