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2026 DAILYLAW 52913 (KAR)

SHIVALINGAPPA S/O BASAPPA HADAGALI v. STATE OF KARNATAKA

CRL.A/100359/2022 · 2026-01-31

V Srishananda

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:1280 CRL.A No. 100359 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100359 OF 2022 BETWEEN: SHIVALINGAPPA S/O BASAPPA HADAGALI AGE. 62 YEARS, OCC. RETIRED, RESIDING AT TEACHER COLONY, YARAGATTI, SAUDATTI TALUK, BELAGAVI DISTRICT 591129. …APPELLANT (BY SRI. AMIT DESAI, ADVOCATE FOR SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: STATE OF KARNATAKA ANTI CORRUPTION BUREAU BAGALKOTE BAGALKOT, BY ITS DEPUTY SUPERINTENDENT OF POLICE, R/BY ITS SPL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH 560001. …RESPONDENT (BY SRI. ANIL KALE, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 11 OF CRIMINAL LAW (ORDINANCE) 1944, PRAYING TO SET ASIDE THE ORDER DATED 01.06.2022 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOT IN SPL.CASE NO.61/2021 AND CONSEQUENTLY DISMISS THE APPLICATION DATED 30.03.2021 FILED U/S 3 OF CRIMINAL LAW (AMENDMENT) ORDINANCE 1944, (HEREIN REFERRED AS ORDINANCE). THIS CRIMINAL APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.02 17:04:17 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1280 CRL.A No. 100359 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Aniket Desai learned counsel for Sri.Mallikarjunswamy B. Hiremath, learned counsel appearing for appellant and learned counsel Sri.Anil Kale, learned counsel appearing for respondent. 2. It is submitted that the appellant has been discharged of the charges by the trial Court and that the Lokayuktha has not filed any supplementary charge sheet. 3. As such, the attachment of the appellant’s properties needs to be automatically invoked, as there is no nexus between the attachment order and the alleged crime. 4. Learned counsel Sri.Anil Kale, appearing respondent- Lokayuktha, does not dispute the fact that the appellant has been discharged in the main case. 5. Accordingly, the following order: ORDER (i) The appeal is allowed. - 3 - HC-KAR NC: 2026:KHC-D:1280 CRL.A No. 100359 of 2022 (ii) The order passed by the learned trial Judge attaching the property of the appellant is hereby invoked. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE RHR/- CT:CMU LIST NO.: 1 SL NO.: 6