- 1 - HC-KAR NC: 2026:KHC-D:1994 CRL.P No. 103561 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103561 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. RAJIYA W/O ANWAR KORABU AGE. 59 YEARS, OCC. AGRICULTURE, R/O. YABARATTI, TALUKA RAIBAG, DIST. BELAGAVI-591317. 2. SHRI MAINODDIN S/O ANWAR KORABU AGE. 39 YEARS, OCC. AGRICULTURE, R/O. YABARATTI, TALUKA RAIBAG, DIST. BELAGAVI-591317. 3. SHRI AINODDIN S/O ANWAR KORABU AGE. 38 YEARS, OCC. AGRICULTURE, R/O. YABARATTI, TALUKA RAIBAG, DIST. BELAGAVI-591317. 4. SHRI AMINODDIN S/O ANWAR KORABU AGE. 34 YEARS, OCC. AGRICULTURE, R/O YABARATTI, TALUKA RAIBAG, DIST. BELAGAVI-591317. 5. SHRI ALLABAKSH S/O ANWAR KORABU AGE. 33 YEARS, OCC. AGRICULTURE, R/O. YABARATTI, TALUKA RAIBAG, DIST. BELAGAVI-591317. …PETITIONERS (BY SMT. BINDU, ADVOCATE FOR SRI. VINAY S. KOUJALAGI,ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.02.12 16:10:50 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1994 CRL.P No. 103561 of 2024 AND: 1. STATE OF KARNATAKA, (KUDACHI POLICE STATION) TQ. RAIBAG, DIST. BELAGAVI. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD-580011. 2. SHRI YUSUF S/O SHERALI KORABU AGE. 55 YEARS, OCC. AGRICULTURE, R/O. YABARATTI, TALUKA RAIBAG, DIST. BELAGAVI-591317. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. GIRISH A. YADAWAD, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S 528 OF BNSS), PRAYING TO SET ASIDE THE ORDER DATED 06.11.2020 PASSED BY THE ADDL.CIVIL JUDGE AND JMFC RAIBAG IN CRL.MISC.753/2020 PRODUCED AT DOCUMENT NO.2 AND ORDER DATED 13.03.2024 PASSED BY VII ADDL.SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI IN CRL.REV.PETITION NO.5035/2021 PRODUCED AT DOCUMENT NO.4 AND RESTORE THE POSSESSION OF THE TRACTOR BEARING REGN NO.KA 23/TA-5851 AND TRAILER BEARING NO.KA 23/TA-5852 ALONG WITH AGRICULTURAL EQUIPMENT, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:1994 CRL.P No. 103561 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Miss.Bindu, learned counsel for Sri.Vinay S. Koujalagi, learned counsel appearing for petitioners, Smt.Kirtilata R. Patil, learned High Court Government Pleader appearing for respondent No.1-State and Sri.Girish A. Yadwad, learned counsel appearing for respondent No.2 2. The present criminal petition is filed under Section 482 of Code of Criminal Procedure (528 of Bharatiya Nagarik Suraksha Sanhita, 2023) with the following prayer: Wherefore, the petitioner/accused Nos.1 to 5 most respectfully prays that the Hon'ble Court be pleased to Set-aside the order dated 6/11/2020 passed by the Addl. Civil Judge and JMFC Raibag in Crl.Misc 753/2020 produced at Document No.2 and order dated 13/3/2024 passed by VII Addl. Sessions Judge, Belagavi, sitting at Chikkodi in Criminal Revision Petition No.5035/2021 produced at Document No.4 and restore the possession of the tractor bearing Regn No.ΚΑ 23/ΤΑ-5851 and Trailer bearing No.ΚΑ-23/ΤΑ-5852 along with agricultural equipment, in the interest of justice and equity. 3. In respect of the tractor bearing registration No.ΚΑ 23/ΤΑ-5851 and trailer bearing No.ΚΑ-23/ΤΑ-5852, a complaint came to be filed by the respondent No.2 alleging that - 4 - HC-KAR NC: 2026:KHC-D:1994 CRL.P No. 103561 of 2024 the same had been stolen, pursuant to which a search warrant was issued. In pursuance of the said search warrant, the tractor was traced from the custody of the petitioner herein and was handed over to the custody of respondent No.2 without imposing any conditions. 4. In respect of the very same tractor, the petitioner herein laid a claim before the Civil Court contending that she is the owner of the said tractor by virtue of an oral gift executed by respondent No.2. 5. In that regard, there was an ex parte order came to be passed by the Civil Court and, pursuant to that, the petitioner was entitled to have the possession of the tractor. However, the said ex parte order has now set aside and the civil suit stands restored. 6. Taking note of these aspects of the matter, if the petitioner succeeds in the civil suit and then she can obtain necessary orders from the learned trial Magistrate in the pending Criminal trial, as the element of theft would not be established, if the gift is proved. 7. With that liberty for the petitioner and by directing respondent No.2 not to alienate the tractor, not to change its - 5 - HC-KAR NC: 2026:KHC-D:1994 CRL.P No. 103561 of 2024 identity and not to create third-party rights till the disposal of both the criminal case as well as the civil suit would be met in the facts and circumstances of the case on hand. 8. Accordingly, the following order. ORDER (i) The Criminal Petition stands disposed of. (ii) The possession of the tractor is subject to the final result of suit in O.S.No.259 of 2015 renumbered as O.S.No.63 of 2023, pending on the file of Civil Judge (Senior Division), Raibag, Belgavi District. (iii) In the meantime, in order to protect the property involved in the crime and which is also the subject matter of the suit, respondent No.2 shall file an affidavit before the learned trial Magistrate, on or before 28.02.2026, undertaking that he shall not alienate the tractor, shall not create any third-party rights - 6 - HC-KAR NC: 2026:KHC-D:1994 CRL.P No. 103561 of 2024 over the tractor, and shall not change the identity of the said tractor until further orders. Order accordingly. Sd/- (V.SRISHANANDA) JUDGE RHR/- CT:CMU LIST NO.: 1 SL NO.: 40