YALLAWWA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed under Sec. 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 dtd. 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 dtd. 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 Ss. 13(1) (b) read with Sec. 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 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 dtd. 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 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.15,50,000.00, 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 dtd. 18/4/2019. Now his son is falsely implicated and without obtaining the statement of petitioner, the ACB police station filed a false source report to the ACBSuperintendent 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.