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2025 DAILYLAW 5792 (KAR)

MAHADEV S BIRADAR PATIL v. THE STATE OF KARNATAKA

CRL.P/102345/2024 · 2025-01-27

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:1522 CRL.P No. 102345 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102345 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: MAHADEV S. BIRADAR PATIL AGE. 58 YEARS, OCC. SERVICE/RETIRED, H.NO. FLAT NO.F-11, SHRADDHA APARTMENTS, SADASHIV NAGAR, BELAGAVI, TAL/DIST. BELAGAVI-590010. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY POLICE INSPECTOR, KARNATAKA LOKAYUKTA POLICE STATION, REPRESENTED BY SPL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. RAMANAGOUD S/O. BABUGOUDA PATIL AGE. 31 YEARS, OCC. WORK, R/O. BADAL ANAKALAGI, TAL AND DISTRICT. BELAGAVI-591109. …RESPONDENTS (BY SRI. SRINIVAS B. NAIK, SPP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ORDER DATED 27.12.2023 IN CRIMINAL MISC NO.937/2023 AS PER ANNEXURE-D IN KARNATAKA LOKAYUKTA POLICE BELAGAVI IN CRIME NO. 03/2023 PASSED BY THE COURT OF IV ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI BY ALLOWING THE APPLICATION U/SEC. 451/457 OF CR.P.C. DATED 26.07.2023 FILED BY THE PETITIONER AS PER ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:25 +0530 - 2 - NC: 2025:KHC-D:1522 CRL.P No. 102345 of 2024 ORAL ORDER 1. A case was registered in Crime No. 3/2023 for the offence punishable under Section 7A of the Prevention of Corruption Act, 1988 (for short, ‘PC Act’). The petitioner was caught red-handed accepting a sum of ₹54,700/-. Thereafter, the respondent/Lokayukta conducted a raid on the petitioner’s house, during which a sum of ₹18,22,500/- was seized. Subsequently, the respondent/Lokayukta registered another case in Crime No. 15/2023 against the petitioner for offences punishable under Sections 13(1)(d) and 13(2) of the PC Act for possession of disproportionate assets to known sources of income. 2. The respondent/Lokayukta filed an application before the learned Sessions Judge seeking to transfer the amount seized in Crime No. 3/2023 to the proceedings in Crime No. 15/2023. The learned Sessions Judge, by order dated 27.12.2023, allowed the transfer of the said amount to the proceedings in Crime No. 15/2023. 3. Since Crime No. 15/2023 has been quashed by this Court in Crl.P. No. 102698/2024, vide order dated 16.01.2024, the petition is disposed of, directing the learned Sessions Judge to release the seized amount of ₹18,22,500/- in favour of the petitioner forthwith. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh/List No.: 2 Sl No.: 6