RAJU PADMANNA KURI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition has been filed challenging the order dated 01.02.2020 passed in Crl.Misc.No.151/2020 by the learned II Additional District and Sessions Judge, Belagavi, whereunder the petition filed by the petitioner under Section 451 / 457 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for short) seeking release of a sum of Rs.3,95,100/- to his interim custody has been rejected.

(2.) The petitioner is accused No.1 in Crime No.130/19 of Harugeri Police Station registered for the offences punishable under Sections 465 and 420 of the Indian Penal Code (hereinafter referred to as the ' IPC ', for short). The allegations made against the petitioner is that he used to prepare forged marks card in his printing press and on search in his printing press, an amount of Rs.3,95,100/- and other articles were found and the police seized them and subjected to PF No.73/2019 dated 01.10.2019. The revision petitioner filed a petition under Section 451 / 457 of Cr.P.C. seeking release of the said amount of Rs.3,95,100/- claiming that he is the owner of the said Indian currency notes and they are seized from his Om Shakti Printing Press, Harugeri, and that he had borrowed the said amount from one Sri. Ashok Satteppa Gudodagi, resident of Yalaparatti, Tq, Raibag, on the promise of repayment before December 2019 and he had also issued a post dated cheque bearing No.751626 for an amount of Rs.4,00,000/- drawn on RBL Bank Branch, Harugeri. The learned Sessions Judge has rejected the said application on the ground that the said amount has been collected by illegal means and that the case is under investigation.

(3.) Learned counsel appearing for the petitioner argued that the petitioner is entitled for release of an amount of Rs.3,95,100/- as he is the owner and from his possession the said amount has been seized and the said amount had been borrowed from Ashok Satteppa Gudodagi under agreement dated 07.09.2019 which is prior to the registration of the case against the petitioner. He further argued that the petitioner has to repay the said amount to the said Ashok Satteppa Gudodagi. He has placed reliance on the decision of the Hon'ble Apex Court in the case of Sunderbai Ambalal Desai v. State of Gujarat reported in ILR 2003 Kar. 2243.