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2026 DAILYLAW 11981 (KAR)

MRS. JAYASHREE v. MANAPPURAM FINANCE LTD.

CRL.RP/253/2020 · 2026-02-13

S Vishwajith Shetty

Criminal Appealbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8949 CRL.RP No. 253 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 253 OF 2020 BETWEEN: MRS. JAYASHREE W/O MR PREM KUMAR AGED ABOUT 47 YEARS SAI KRIPA HOUSE KARNATAKA BANK HEAD OFFICE KULSHEKAR POST, PUMP WELL MANGALURU-575 005. …PETITIONER (BY SRI. K SHASHIKANTH PRASAD, ADVOCATE) AND: 1. MANAPPURAM FINANCE LTD. MANGALURU BRANCH REPRESENTED BY ITS MANAGER[LEGAL] MR KEERTHI PRASAD, S/O KRISHNAPPA AGED ABOUT 39 YEARS MANAPURA FINANCE LTD REGIONAL OFFICE, 3RD FLOOR LAXMI KRISHNA TOWER BALMATTA ROAD, MANGALURU-575 002. 2. STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8949 CRL.RP No. 253 of 2020 KAVOOR POLICE STATION BENGALURU-560 001. …RESPONDENTS (BY SRI. ANISH JOSE ANTONY, ADVOCATE FOR R1, SRI. CHANNAPPA ERAPPA, HCGP FOR R2/STATE) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 14-05-2014 IN PC 368/09 CRIME NO. 160/2009 ON THE FILE OF JUDICIAL MAGISTRATE FIRST CLASS (III COURT) MANGALORE AND AS WELL AS DATED 18-09-2019 IN CRIMINAL APPEAL NO. 133/2014 FROM THE FILE OF VI THE ADDITIONAL DISTRICT AND SESSIONS, JUDGE, MANGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The complainant is before this Court in this criminal revision petition filed under Sections 397 and 401 of Cr.P.C. with a prayer to set aside the order dated 14.05.2024 passed in P.C.No.368/2009 (Crime No.160/2009) by the Court of JMFC (III Court), Mangalore and the order dated 18.09.2019 passed in Crl.A.No.133/2014 by the Court of VI Additional District and Sessions Judge, Mangaluru. - 3 - HC-KAR NC: 2026:KHC:8949 CRL.RP No. 253 of 2020 2. Heard the learned counsel for the parties. 3. The petitioner herein had filed a private complaint in P.C.No.368/2009 before the Jurisdictional Court of Magistrate alleging that accused named in the complaint i.e. H. Venkatesh Kamath and another had committed offences punishable under Sections 403, 406 and 420 read with Section 34 of IPC. 4. Learned Magistrate had referred the matter to the Jurisdictional Police Station for investigation under Section 156(3) of the Cr.P.C and it appears that FIR in Crime No.160/2009 was registered by the Kavoor Police Station, Mangaluru, Dakshina Kannada for the aforesaid offences. During the course of investigation of the said case, on 27.05.2010, Kavoor Police had seized certain gold articles from the office of respondent No.1-Finance Company, which was subjected to P.F.No.28/2010. It appears that subsequently the police after completing investigation had filed a 'B' final report in Crime No.160/2009. Thereafter, application under Section 452 of - 4 - HC-KAR NC: 2026:KHC:8949 CRL.RP No. 253 of 2020 Cr.P.C was filed by respondent No.1 herein seeking custody of the gold articles which were seized from its office. The said application was opposed by the petitioner herein in whose favour the interim custody of the gold articles were released in Crime No.160/2009. 5. Learned Magistrate by order dated 14.05.2014 had allowed the application filed by respondent No.1 herein and directed the petitioner herein to hand over the gold articles to the respondent No.1-Company, subject to condition. The said order was unsuccessfully challenged by the petitioner before the Appellate Court in Crl.A.No.133/2014 which was dismissed on 18.09.2019. It is under these circumstances, the petitioner is before this Court. 6. In the private complaint filed by the petitioner, it is alleged that accused No.1 named in the complaint and his wife had taken her gold jewellery and subsequently, had pledged the same with respondent No.1-Finance Company without her knowledge. Alleging that the - 5 - HC-KAR NC: 2026:KHC:8949 CRL.RP No. 253 of 2020 accused No.1-H. Venkatesh Kamath and his wife had committed the aforesaid offences and cheated her, the private complaint was filed. The said complaint was referred to the jurisdictional police, who had registered FIR in Crime No.160/2009 and during the course of investigation, the gold articles which were pledged by H. Venkatesh Kamath with respondent No.1-Finance Company were seized and subjected to P.F.No.28/2010. 7. It is not in dispute that after completing investigation in Crime No.160/2009, the police have filed 'B' final report which is accepted by the jurisdictional Court of Magistrate. Undisputedly, the said order of acceptance of 'B' final report had not been questioned by the petitioner herein till date. Appreciating the aforesaid aspects of the matter, the Trial Court had allowed the application filed by respondent No.1 herein under Section 452 of Cr.P.C and the said order has been confirmed by the Appellate Court in Crl.A.No.133/2014. I do not find any illegality or irregularity in the orders impugned, which - 6 - HC-KAR NC: 2026:KHC:8949 CRL.RP No. 253 of 2020 calls for interference by this Court in exercise of its revisional jurisdiction. Under the circumstances, I decline to entertain this petition. Accordingly, the revision petition is dismissed. In view of the dismissal of the petition, I.A.No.1/2019 does not survive for consideration. Accordingly, the same is disposed of. SD/- (S VISHWAJITH SHETTY) JUDGE CR List No.: 1 Sl No.: 33