- 1 - HC-KAR NC: 2025:KHC-D:8585 CRL.P No. 102746 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R.DEVDAS CRIMINAL PETITION NO.102746 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. CHANDRAKANT RAJARAM KHADAKE, AGE: 60 YEARS, OCC. SERVICE, R/O NEAR CHANNAMMA CIRCLE, EXAMBA, TQ. CHIKKODI, DIST. BELAGAVI-591244. 2. ASHOK VITHOBA KHADAKE, AGE. 65 YEARS, OCC. AGRICULTURE, R/O MANJARI, TQ. CHIKKODI, DIST. BELAGAVI-591213. 3. JOTIRAM ASHOK KHADAKE, AGE. 33 YEARS, OCC. AGRICULTURE, R/O MANJARI, TQ. CHIKKODI, DIST. BELAGAVI-591213. - PETITIONERS (BY SRI. ARUN L. NEELOPANT AND SMT. KAVITA S. JADHAV, ADVOCATES) AND: THE STATE OF KARNATAKA REP BY PSI, KHADE BAZAR POLICE STATION, BELAGAVI, THROUGH SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. - RESPONDENT (BY SRI. PRAVEEN UPPAR, A.G.A.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 28.02.2022, PASSED IN S.C. NO.153/2020 (KHADE BAZAR P.S. CRIME NO.185/2017) BY THE SPECIAL (PRL. SESSIONS) JUDGE, BELAGAVI, AS PER ANNEXURE-A & ETC. THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.16 10:10:14 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8585 CRL.P No. 102746 of 2022 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The petitioners, being the owners of immovable property bearing H.No. 1493 in Sy. No. 218/2 of Manjari village consisting of ground and first floor, are before this Court aggrieved of the impugned order dated 28.02.2022 passed by the learned Special Judge, Belagavi in Special Case No. 153/2020, rejecting their application for interim custody of the building. 2. Learned counsel for the petitioners submits that in the case of another such owner of the building, a Co- Ordinate bench of this Court in Crl. Rev. P. No. 100164/2020 by order dated 13.10.2020 allowed the petition while setting aside similar orders, on the ground that the petitioners have produced all relevant documents with regard to the ownership of the property which was leased to the bank and it is also an admitted fact that the owner of the building have nothing to do with the criminal - 3 - HC-KAR NC: 2025:KHC-D:8585 CRL.P No. 102746 of 2022 act, if at all, done by the officers of the bank and therefore the Co-Ordinate bench proceeded to allow the petition while directing the respondent-Police to release and deliver possession and custody of the immovable property in favour of the petitioner. Learned counsel prays for similar orders. 3. Learned Additional Government Advocate, however, submits that the order in Crl. Rev. P. No. 100164/2020 was passed on 13.10.2020, when the designated Court was not notified by the Government. However, subsequently a designated Court has been notified and such application should have been filed before the designated Court. 4. Heard learned counsel for the petitioner, learned Additional Government Advocate and perused petition papers. 5. It is noticeable that the petitioners herein had earlier filed Crl. Rev. P. No. 100175/2022 before this Court, - 4 - HC-KAR NC: 2025:KHC-D:8585 CRL.P No. 102746 of 2022 however by order dated 31.05.2022 the petition was permitted to be withdrawn on the ground that the Criminal Revision Petition is not maintainable and a petition under Section 482 of Cr.P.C. may be filed by the petitioners. Consequently, this petition has been filed by the petitioners. 6. Be that as it may, the facts and circumstances of the present case is the same as the one found in Crl. Rev. P. No. 100164/2020. Here too the grievance of the petitioners is that they are the owners of the immovable property and they had rented out the first floor of the building to Krantiveera Sangolli Rayanna Co-Operative Society Ltd., for monthly rentals of Rs.6,500/-. Criminal prosecution has been initiated against the bank and its officers and in that regard immovable property was seized and kept under lock and key. In that view of the matter, this case stands squarely covered by the decision in Crl. Rev. P. No. 100164/2020. Consequently, this Court proceeds to pass the following order: - 5 - HC-KAR NC: 2025:KHC-D:8585 CRL.P No. 102746 of 2022 ORDER (1) The Criminal Petition is allowed; (2) Order dated 28.02.2022 passed in Special Case No. 153/2020 by the Special (Prl. Sessions) Judge, Belagavi, on the applications filed by the petitioners under Section 451 and 457 of Cr.P.C. is set aside; (3) The competent authority of the respondent-Police shall forthwith release and deliver the possession and custody to the petitioner the immovable property bearing House No. 1493 in Sy. No. 218/2 (first floor) of Manjari village, Chikkodi Taluka, Belagavi District, within an outer limit of one month from today; (4) It is needless to mention that the petitioners shall co-operate with the respondent-Police in case of requirement of any further investigation; - 6 - HC-KAR NC: 2025:KHC-D:8585 CRL.P No. 102746 of 2022 (5) The petitioner is directed not to meddle or interfere with the investigation being carried out by the competent authority or respondent-Police. Sd/- (R.DEVDAS) JUDGE BVV CT:VP LIST NO.: 1 SL NO.: 16