SUSHILA DEVI TAPARIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed challenging the concurrent finding of both the Courts below in rejecting the prayer of petitioner herein for release of Rs. 54 lakhs cash seized in Crime No. 21/2014 of Hosapete Town Police Station.

(2.) The brief facts leading to this petition are that the Hosapete Town Police registered a complaint in Crime No. 21/2014 which is with reference to seizure of Rs. 54 lakhs cash, which was carried in SRE bus bearing registration No. KA -16/B -6678, which was proceeding from Hyderabad to Shivamogga. The reason for police apprehending the aforesaid bus is, on the basis of complaint which was filed by one H. Channesh alleging that a sum of Rs. 50 lakh which was carried by him in the said bus is stolen by somebody who is travelling in the same bus. Hence the said bus was apprehended within the limits of Hosapete Town Police and the bus was taken to police station around 4.10 a.m. On thorough search of the bus in the presence of panchas, the complainant H. Channesh along with one another Manjunath who is subsequently taken as complaint witness.

(3.) When the bus was searched, a sum of Rs. 54 lakh was found in two bags in currency notes of the face value of Rs. 1,000/ - and Rs. 500/ -. However when the said money was shown to H. Channesh, he stated that the said money does not belong to him and that is not the money which was stolen from him. So far as the custody of the said money with the persons who were travelling in seat numbers 36 and 37 namely Ranjanakumar and Rajkumar Chandravamshi was not properly explained by them. They were not in a position to explain the source of said money. The police being suspicious of the source of money, seized the same under PF No. 15/2014 in Crime No. 21/2014 and took custody of the same. From this the trouble has started with too many people claiming to get the said money released.