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HIGH COURT OF KARNATAKA
K.S.MUDAGAL
SMT. SUDHAMANI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.RP/507/2018
Crl.R.P.No.507/2018
c/w. Crl.R.P.No.508/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF MARCH, 2021
BEFORE:
THE HON’BLE MRS. JUSTICE K.S. MUDAGAL
CRIMINAL REVISION PETITION NO.507/2018
C/W.
CRIMINAL REVISION PETITION NO.508/2018
IN Crl. R.P. No.507/2018
BETWEEN:
SMT. SUDHAMANI
AGED ABOUT 53 YEARS
W/O K. VENKATARAMU
R/AT HOUSE ASSESSMENT NO.200/185,
ADISHAKTHINILAYA
WARD NO.17, 1ST CROSS
UPPARA STREET, OPP: POST OFFICE ROAD
CHAMARAJANAGAR – 571 440.
... PETITIONER
[BY SRI. P NATARAJU , ADV.]
AND:
THE STATE OF KARNATAKA
REPRESENTED BY LOKAYUKTHA POLICE
CHAMARAJANAGAR -571 440.
… RESPONDENT
[BY SRI. VENKATESH S. ARABATTI, SPP.]
Crl.R.P.No.507/2018
c/w. Crl.R.P.No.508/2018
2
THIS PETITION IS FILED UNDER SECTION 397 R/W
401 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED
BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS
JUDGE AT CHAMRAJANAGAR IN SPL.CASE.NO.35/2015 ON
THE APPLICATION FILED UNDER SECTION 457 OF CR.P.C
AND MAY BE PLEASED TO ALLOW THE APPLICATION ON
ITS FILE AS PRAYED FOR BY ALLOWING THE REVISION
PETITION.
Crl. R.P. No.508/2018
BETWEEN:
SRI. V. PRADEEP KUMAR
AGED ABOUT 36 YEARS
S/O K. VENKATARAMU
R/AT HOUSE ASSESSMENT NO.200/185,
ADISHAKTHINILAYA
WARD NO.17, 1ST CROSS
UPPARA STREET
OPP: POST OFFICE ROAD
CHAMARAJANAGAR – 571 440.
... PETITIONER
[BY SRI. P. NATARAJU, SPP.]
AND:
THE STATE OF KARNATAKA
REPRESENTED BY
LOKAYUKTHA POLICE
CHAMARARJANAGAR – 571 440.
… RESPONDENT
[BY SRI. VENKATESH S. ARABATTI , SPP]
THIS PETITION IS FILED UNDER SECTION 397 R/W
401 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED
Crl.R.P.No.507/2018
c/w. Crl.R.P.No.508/2018
3
BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS
JUDGE AT CHAMRAJANAGAR IN SPL.CASE.NO.35/2015 ON
THE APPLICATION FILED UNDER SECTION 457 OF CR.P.C
AND MAY BE PLEASED TO ALLOW THE APPLICATION ON
ITS FILE AS PRAYED FOR BY ALLOWING THE REVISION
PETITION.
THESE PETITIONS COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
“Whether the trial Court committed any illegality
in rejecting the applications of the petitioners for
interim custody of the properties?” is the question
involved in these cases.
2.
The petitioner in Crl. RP. No.507/2018 is the wife
and petitioner in Crl. RP. No.508/2018 is son of one
Venkataramu. Said Venkataramu was working in Silk
Factory, Chamarajanagar as Marketing Assistant.
Karnataka
Lokayukta,
Chamarajanagar,
charge
sheeted him in Crime No.5/2013 for the offences
punishable under Sections 13[1][e] read with Section
13[2] of the Prevention of Corruption Act, 1988
Crl.R.P.No.507/2018
c/w. Crl.R.P.No.508/2018
4
alleging that being a public servant during the check
period 1977 to 2013, he acquired the assets worth
Rs.3,10,10,967/- [144.50%] disproportionate to his
known sources of income.
3.
During
the
course
of
investigation,
the
Investigating Officer seized certain gold jewellery and
silver articles. The petitioners filed application before
the trial Court under Section 457 of Cr.PC claiming
interim custody of certain gold and silver articles.
4.
Petitioner-Pradeep
Kumar
claimed
interim
custody of articles at Sl. Nos.1 to 26 which were
seized under Mahazar Nos.131-156 subjected to PF
No.16/2013. Petitioner-Sudhamani sought interim
custody of articles at Sl. Nos.1 to 40 which were
seized under Mahazar Nos.81-120 in PF No.16/2013.
5.
The prosecution claimed that those properties
were acquired by accused Venkataramu by corrupt
Crl.R.P.No.507/2018
c/w. Crl.R.P.No.508/2018
5
means, whereas the petitioners claimed that they
acquired those properties out of their independent
income. They claimed that th
