- 1 - HC-KAR NC: 2025:KHC-D:12962 WP No. 106815 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 106815 OF 2025 (GM-RES) BETWEEN: SRI SRINIVAS ALADARTHI S/O LATE YAMANAPPA ALADARTHI, AGED ABOUT 57 YEARS, PRESENTLY WORKING AS DEPUTY DIRECTOR, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, CHIKKAMAGALUR-577 102. … PETITIONER (BY SRI. M.S. BHAGWAT, SENIOR COUNSEL FOR SRI. S.S. BHAT, ADVOCATE) AND: THE STATE BY KARNATAKA, LOKAYUKTHA POLICE, R/BY ITS INSPECTOR OF POLICE, HAVERI, DIST. HAVERI-581 110. … RESPONDENT (BY SRI. ANIL KALE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C., 1973 (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO CALL FOR RECORDS FROM THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND SPL. JUDGE (PCA), AT HAVERI IN RESPECT OF THE IMPUGNED ORDER DATED 07/03/2025 PASSED IN CRIME NO.10/2024 AND ISSUE WRIT OR ORDER QUASHING THE IMPUGNED ORDER DATED 07/03/2025 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE (PCA) AT HAVERI IN CRIME NO.10/2024 (ANNEXURE-J) AND CONSEQUENTLY ALLOW THE SAID APPLICATION FILED BY THE PETITIONER UNDER SECTIONS 497(1) AND 503 OF BNSS (ANNEXURE-G), IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12962 WP No. 106815 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court in this writ petition filed under Section 226 of the Constitution of India read with Section 528 of BNSS 2023 seeking for the following reliefs: i. Call for records from the Hon’ble Principal District and Sessions Judge and Spl. Judge (PCA), at Haveri in respect of the impugned order dated 07/03/2025 passed in Crime No.10/2024; ii. Issue writ or order quashing the impugned order dated 07/03/2025 passed by the Principal District and Sessions Judge and Special Judge (PCA) at Haveri in Crime No.10/2024 (Annexure-J) and consequently allow the said application filed by the petitioner under Sections 497(1) and 503 of BNSS (Annexure-G), in the interest of justice and equity & iii. Pass any other order including the cost of the writ petition, in the interest of justice and equity.” 2. Heard learned senior counsel for the petitioner and the learned counsel for the respondent. 3. Perusal of the material on record would go to show that consequent to the source report dated 09.07.2024, the respondent had registered FIR in Crime No.10/2024 against the petitioner for the offence - 3 - HC-KAR NC: 2025:KHC-D:12962 WP No. 106815 of 2025 punishable under Section 13(1)(b) read with Section 13(b) of the Prevention of Corruption Act, 1988, alleging that the petitioner had amassed wealth disproportionate to his known source of income. During the course of investigation of the case, a sum of ₹14,98,000/- was recovered from the possession of the petitioner and out of the aforesaid amount, a sum of ₹48,000/- was returned to the petitioner and the remaining amount of ₹14,50,000/- was seized under a panchanama. Claiming interim custody of the aforesaid amount of ₹14,50,000 seized by the respondent during the course of investigation in Crime No.10 of 2024, the petitioner had filed application under Section 497(1) read with Section 503 of BNSS 2023 which was opposed by the respondent by filing objections. The trial Court vide the order impugned dated 07.03.2025, has rejected the application filed by the petitioner seeking interim custody of the aforesaid amount of ₹14,50,000/-, which was subject matter of P.F.No.24 of 2024. It is under these circumstances, the petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC-D:12962 WP No. 106815 of 2025 4. Learned senior counsel for the petitioner having reiterated the ground urged in the petition submits that further proceedings in Crime No.10 of 2024 has been stayed by this Court in Criminal Petition No.33793 of 2024 by order dated 09.01.2025. The amount of ₹14,50,000/-, which is subject matter of P.F.No.24 of 2024 is undisputedly recovered and seized from the possession of the petitioner. Except the petitioner, nobody else has made any claim seeking interim custody of the aforesaid amount before the trial Court. Money is not required for the purpose of investigation or trial in the present case. Therefore, the trial Court was not justified in rejecting the application of the petitioner. 5. Per contra, learned counsel for the respondent who has filed the statement of objection opposing the prayer made in the petition, submits that investigation of the case is not yet completed in view of the interim orders passed by this Court in W.P.No.33793/2024. Therefore, the application filed by the petitioner is at a premature stage. - 5 - HC-KAR NC: 2025:KHC-D:12962 WP No. 106815 of 2025 Petitioner has made an application before the trial Court contending that the aforesaid amount of ₹14,50,000/- belongs to his mother and aunt and in support of such a contention raised by him before the trial Court, he has produced an agreement for sale. It is under these circumstances, the trial Court has rejected the claim made by the petitioner. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that, it is not in dispute that the aforesaid amount of ₹14,50,000/- which is subject matter of P.F.No.24 of 2024, has been recovered and seized from the possession of the petitioner. The prayer made by the petitioner is for interim custody of the said amount during the pendency of the case and at this stage it is not required to decide the actual source of the said amount. FIR has been registered in the present case for offences punishable under Section 13(1)(b) read with Section 13(b) of the Prevention of Corruption Act, 1988 and therefore, in my considered view, the aforesaid - 6 - HC-KAR NC: 2025:KHC-D:12962 WP No. 106815 of 2025 amount seized by the respondent during the course of investigation is not required for the purpose of identification during the course of trial. It is also not in dispute that except the petitioner nobody else has made any claim for the amount in question. 7. In almost identical circumstances wherein the amount seized from the possession of an accused was released by the trial Court subject to conditions, which was challenged by the State before this Court, this Court in the case of The State by Deputy Superintendent of Police versus Sree Rana Reddy reported in ILR 2003 Kar 5132, has confirmed the order passed by the trial Court, since the amount was undisputedly seized from the possession of the accused and the question of identification of the property does not arise, even at the time of trial. It is needless to state that if the amount is required to be produced for confiscation, the Court can always direct the accused to produce the amount for the purpose of confiscation. Under the circumstances, I am of the opinion - 7 - HC-KAR NC: 2025:KHC-D:12962 WP No. 106815 of 2025 that the trial Court was not justified in rejecting the application of the petitioner seeking interim custody of the amount of ₹14,50,000/- which is subject matter of P.F.No.24 of 2024, which is undisputedly recovered and seized from the possession of the petitioner. Accordingly, the following: ORDER i. Writ petition is allowed. ii. The order dated 07.03.2025 passed by the Court of Principal District and Sessions Judge and Special Judge (PCA) at Haveri in Crime No.10 of 2024, rejecting the application filed by the petitioner under Section 497(1) and 503 of BNSS 2023 is quashed and consequently the prayer made in the said application is allowed, subject to appropriate conditions that may be imposed by the trial Court. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK /CT:BCK LIST NO.: 1 SL NO.: 45