STATE OF KARNATAKA Vs. K KRISHNA GOWDA

JUDGEMENT

(1.) THIS revision is by the lokayuktha Police being aggrieved of the order passed in Lok. Crime No. 3/2001 by the Prl. Sessions Judge, Kolar dated 30-10-2002 allowing the application filed under sections 451 and 457 of the Code of Criminal Procedure ordering for release of the amount seized.

(2.) THE case of the Lokayuktha Police is as follows : on a report of Sri B. Lokesh, Police Inspector, Police Wing, Karnataka Lokayuktha, kolar a case was registered in Crime No. 3/ 2001 for the offence punishable under Section 13 (l) (e) read with Section 13 (2) of the prevention of Corruption Act, 1988 against the accused Sri K. Krishna Gowda, Supervisor, DCC Bank, Kolar District alleging that in between 16-7-1975 and 27-3-2001 while working at Bangarpet, Malur and KGF, worked as attender at Bangarpet and promoted as Supervisor and worked at Malur and KGF, DCC Bank during various periods and acquired properties disproportionate to his known source of income to the extent of Rs. 41,25,000. 00. On filing of the fir, they seized various items of properties like gold, silver and other articles and also the cash of Rs. 70,000. 00 as per Mahazar dated 28-3-2001. The seized properties were subjected to the property column along with the report and found exess assets to the tune of Rs. 41,25,000. 00. While the investigation is in progress, accused K. Krishna gowda filed an application under Sections 451 and 457 of Code of Criminal Procedure to release the cash of Rs. 70,000. 00 seized under Mahazar dated 28-3-2001. The learned Sessions Judge by an order dated 30-10-2002 ordered for release of cash of rs. 70,000. 00 seized from the possession of the accused in Crime No. 3/2001 of lokayuktha Police on his executing a bond of Rs. 75,000. 00. It is this order, which is questioned in the present Criminal Revision petition.

(3.) LEARNED High Court Government pleader Sri. C. Ramakrishna, vehemently contended that when the Lokayuktha Police have registered a case against the accused - K. Krishna Gowda for the offence punishable under Section 13 (l) (e) read with section 13 (2) of the Prevention of Corruption Act, 1988 having seized the valuable properties and cash to the tune of rs. 70,000. 00 that too at the stage of investigation, releasing the seized amount of rs. 70,000. 00 by invoking the provisions of sections 451 and 457, Cr. P. C. are erroneous and untenable. He also submitted that the learned Sessions Judge has ignored the provision of law, though the accused has been specifically charged for amassing the wealth disproportionate to his known source of income, the order has been passed in a casual and capricious manner. Therefore, prayed to set aside the order and to direct the accused to remit back the amount to the custody of the Court.