SHANTA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The husband of the petitioner has been accused of the offences under the erstwhile Ss. 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988, in Special ACB CC No.4/2022 (ACB Crime No.3/2017), pending on the file of the III Addl. District and Sessions Judge and Special Judge for CBI and Lokayukta Cases, Dharwad.

(2.) In the said proceedings, respondent made an application under Sec. 3(1) of the Criminal Law (Amendment Ordinance) 1944, for attachment of certain properties alleged to be belonging to the accused therein. The trial Court was pleased to pass an order dtd. 29/6/2020 attaching the said properties. Aggrieved by the same and on the ground that certain properties so attached does not belong to the accused, but to the petitioner, who is the wife of the accused and that no notice was issued to her and she was not heard in the matter, the instant petition is filed.

(3.) The case of the respondent has been that the husband of the petitioner herein by way of illegal gratification has amassed the income beyond his sources and has made properties. They have sought attachment of the same. Based upon the material available on record, the trial Court has passed the impugned order based on which the properties have been attached. The said properties have been attached as per Sec. 4 of the Criminal Law (Amendment Ordinance) 1944 and it is an ad-interim attachment, which has to be in effect till the disposal of the criminal case filed against the husband of the petitioner herein. If the petitioner is aggrieved by the same and if it is her contention that the properties belongs to her and not to her husband and the same has not been procured from the income of her husband, but independently by the petitioner herein, she is always at liberty to make appropriate application before the trial Court and seek for release of the same.