IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL REVISION PETITION No.1104/2018

BETWEEN:

M/s.MUTHOOT FINANCE LTD.,

SURATHKAL BRANCH

GROUND FLOOR,

VIARD COMPLEX

NEAR AXIS BANK

SURATHKAL

MANGALORE -575014

REP. BY Ms.RESHMA, AMIC

MUTHOOT FINANCE LTD.,

SURATHKAL BRANCH,

MANGALORE -575014 ..PETITIONER

(BY

SRI.K.CHANDAN,

ADVOCATE

FOR

SRI.AMIT

DESHPANDE, ADVOCATE)

AND:

STATE OF KARNATAKA

BY SURATHKAL POLICE,

REP. BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

AMBEDKAR VEEDHI,

BANGALORE -560001 ..RESPONDENT

(BY SMT.K.P.YASHODHA, HCGP)

2

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 R/W SECTION 401 CR.P.C.PRAYING

TO SET ASIDE THE ORDER DATED 16.04.2018 PASSED BY

THE LEARNED IV ADDITIONAL DISTRICT AND SESSIONS

JUDGE, D.K., MANGALURU IN CRL.A.NO.04/2017 TO

RELEASE OF THE GOLD ORNAMENTS IN FAVOUR OF PW-1

TO PW-3 IN PF NO.7/2011 AND PF NO.8/2011. GRANT

CUSTODY OF GOLD ORNAMENTS SEIZED PF NO.7/2011

AND PF NO.8/2011 BY THE SURATKAL POLICE TO THE

REVISION PETITIONER.

THIS CRIMINAL REVISION PETITION COMING ON

FOR ADMISSION THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

Though the petition is listed for admission with

the consent of the learned counsel appearing for the

parties, it is taken up for final disposal.

2.

Heard

learned

counsel

Sri.K.Chandan

for

Sri.Amit

Deshpande

for

petitioner

and

Smt.K.P.Yashodha, learned HCGP for respondent.

3.

Petition is directed against the order dated

16.04.2018 passed in Crl.A.No.4/2017 by the learned

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IV Additional District and Sessions Judge, Dakshina

Kannada, Mangaluru, wherein the appeal was allowed

and order of acquittal dated 19.08.2016 passed in

C.C.No.64/2011 by the I Additional Senior Civil Judge

and CJM, Mangalore was set aside and property seized

under PF No.9/2011, PF No.8/2011 and PF No.7/2011

were released in favour of PW-1 to PW-3 respectively.

4.

For

the

sake

of

convenience

and

clear

understanding the petitioner herein is referred as

applicant and respondent as the complainant and

other persons who come in the meanwhile with

reference to their status.

5.

Originally a criminal case came to be registered

in C.C.No.64/2011 by the State of Karnataka and

accused

are

(1)

Mayyadi

and

(2)Smt.Zubaida.

However, during the trial the said Mayyadi died and

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case was abated against him and accused No.2-

Smt.Zubaida is none other than the wife of accused

No.1. Offence charged against them are under

Sections 406 and 420 IPC.

6.

The brief facts of the case of the prosecution is

extracted from the Judgment dated 19.08.2016 as

under:

“2. That the accused No.1 and 2 with an

intention to commit criminal breach of trust

had received golden ornaments and money

for their business purpose from the CW-1 to

CW3 with a promise to return the same

immediately. Instead of returning the

golden ornaments and money to them the

accused have dishonestly pledged the golden

ornaments with several banks and finances

and borrowed loan, thereby committed the

offences punishable Under Sections 406 and

420 of IPC.

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3. After receiving the complaint, the I.O

has registered the case in Crime No.41/2011

and submitted FIR to the Court and their

higher officers, so also visited the spot,

drawn spot mahazar and recorded the

statements of the witnesses. The accused

No.1 was arrested in another matter in the

same station he has been produced under

body warrant in this case. He has been

taken to the police custody, collected several

loan documents, based on the said loan chits

I.O has seized various golden ornaments

under the seizure mahazar before panchas.

So also the I.O has recorded the statements

of the witnesses.”

7.

After completion of the investigation police fil