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2025 DAILYLAW 4101 (KAR)

SRI MAHADEVAPPA v. THE STATE OF KARNATAKA

WP/101516/2024 · 2025-02-18

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:3253 WP No. 101516 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 101516 OF 2024 (GM-RES) BETWEEN: SRI. MAHADEVAPPA S/O. HANUMANTAPPA BHIMAKKANAVAR, AGE. 65 YEARS, OCC. RETIRED EXECUTIVE ENGINEER, R/O. PLOT NO.10/1/2, WARD NO.11, VIDYAGIRI, 23/A CROSS, BAGALKOT-587101. …PETITIONER (BY SRI. RAJENDRA R.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT DHARWAD, THROUGH LOKAYUKTA PS., BAGALKOT-587101. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF Cr.P.C., PRAYING TO, ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE COURT OF THE PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOT TO CONSIDER APPLICATION OF THE PETITIONER FILED U/SEC. 457 OF CR.P.C AND TO PASS AN APPROPRIATE ORDERS ON MERITS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:37 +0530 - 2 - NC: 2025:KHC-D:3253 WP No. 101516 of 2024 ORAL ORDER 1. The petitioner has filed an application under Section 457 of the Criminal Procedure Code (Cr.P.C.) to direct the Branch Manager of Reddi Sahakari Bank Niyamita, Dharwad, to release five fixed deposits in favor of the petitioner, which were seized during the course of an investigation. 2. The petitioner’s grievance is that the application has not been disposed of by the learned Sessions Court for any valid reason. The petitioner states that the five fixed deposits are in the name of his deceased son and were seized during the investigation for offences punishable under Sections 7, 13(1)(b) read with Section 13(2) of the Prevention of Corruption Act. 3. Therefore, the petitioner is entitled to the release of the five fixed deposits. Accordingly, it is expedient to dispose of the petition by directing the Principal District and Sessions Court, Bagalkot, to dispose of the application filed under Section 457 of the Cr.P.C. (in Spl. Case No.30/2011) within four weeks from the next date of hearing. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 77