STATE OF KARNATAKA Vs. SUMAN KIRAN SUBBARAYA

JUDGEMENT

(1.) This appeal is filed under Sec. 454(1) of Cr.P.C. by the appellant-ACB Police against the order dtd. 29/1/2022, passed in Crl.Misc.No.1433/2021 by the IV Addl. Sessions Judge, Belagavi (for short 'Trial Court'), wherein, the learned Sessions Judge allowed the application filed by the respondents/petitioners filed under Sec. 452 of Cr.P.C., to de-frieze all the bank accounts/lockers and to release all the articles/items seized under PF No.6/2018 subsequent to the raid conducted on 19/3/2018 in Crime No.6/2018 by the appellant herein.

(2.) The brief fact of the case is that, the respondents/petitioners being the legal heirs of one Late Kiran s/o of Subbaraya, accused in ACB Crime No.6/2018 have filed application under Sec. 452 of Cr.P.C. to release the articles, to de-frieze the bank accounts, the documents seized by the ACB Police in Crime No.6/2018 at the time of raid conducted on 20/3/2018 and seized the movables and valuables like gold, silver and cash in the house in the presence of panch witnesses and thereafter submitted the property list to the trial Court in Crime No.6/2018. Prior to filing of the final report by the said ACB Police, the accused died on 16/4/2021. Accordingly, entire proceedings got terminated in view of the death of the accused. The respondents / petitioners being the legal heirs of deceased / accused are filed the application before the trial Court as stated supra and the learned trial Judge allowed the same. Being aggrieved by the said order, the ACB Police filed this appeal to set aside the order passed by the trial Court in Crl. Misc. No.1433/2021.

(3.) Heard the learned counsel Sri.Santosh B.Malagouder for the appellant and the learned counsel Sri.Avinash Angadi, learned counsel for respondents.