- 1 - HC-KAR NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA WRIT PETITION NO. 109176 OF 2025 (GM-RES) C/W WRIT PETITION NO. 109250 OF 2025 (GM-RES) IN WP NO. 109176/2025 BETWEEN: SMT. MADHUMATI W/O. MAHADEV KERIMATTIHAL @ BHIMAKKANAVAR AGE. 54 YEARS, OCC. HOUSEHOLD WORK, R/O. PLOT NO.10/1/2, WARD NO.11, VIDYAGIRI, BAGALKOT, TQ. DIST: BAGALKOT. …PETITIONER (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY A.C.B BAGALKOTE POLICE STATION-587103. 2. MAHADEVAPPA S/O HANMANTHAPPA BHIMAKKANAVAR AGE. 64 YEARS, OCC. RETIRED EMPLOYEE, R/O. VIDYAGIRI, BAGALKOT, TQ. DIST. BAGALKOT. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. F.V. PATIL, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W. SECTION 482/528 OF CR.PC./BNSS ACTS, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 08.05.2025 PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOT, IN SC NO.30/2011, MARKED AS ANNEXURE- F WHEREBY THE FIVE FIXED DEPOSITS STANDING IN THE NAME OF THE PETITIONERS DECEASED MINOR SON HAVE BEEN ILLEGALLY APPORTIONED BETWEEN THE PETITIONER AND RESPONDENT NO.2; DIRECT THE RELEASE OF ALL Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.29 11:03:34 +0530 - 2 - HC-KAR NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025 FIVE FIXED DEPOSITS MARKED AS ANNEXURE- B EXCLUSIVELY IN FAVOUR OF THE PETITIONER, BEING THE SOLE CLASS-1 LEGAL HEIR AND NOMINEE OF THE DECEASED MINOR ACCOUNT HOLDER AND ETC. IN WP NO. 109250/2025 BETWEEN: SRI MAHADEVAPPA S/O HANUMANTAPPA BHIMAKKANAVAR, AGE. 65 YEARS, RETIRED EXECUTIVE ENGINEER, R/O. PLOT NO.10/1/2, WARD NO.11, VIDYAGIRI, 23/A CROSS, BAGALKOT-587101. ...PETITIONER (BY SRI. F.V. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY SPECIAL PUBLIC PROSECUTOR, LOKAYUKTA, BAGALKOT-587101. 2. MADHUMATHI KERIMATTIHALLI, AGE.54 YEARS, R/O. PLOT NO.10/1/2, WARD NO.11 VIDYAGIRI, 23/A, CROSS, BAGALKOT-787101. ...RESPONDENTS (BY SRI. ANIL KALE, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W. 528 OF BNSS, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 08.05.2025 PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY. AND ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 26.11.2025 PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025 THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Mrutyunjaya S.Hallikeri, Sri F.V.Patil, Sri Anil Kale, learned counsel for the parties and Smt.Kirtilata R.Patil, learned High Court Government Pleader. 2. These petitions are filed by the wife and the husband respectively. Petitioner in Writ Petition No.109250/2025 however disputed the status of the petitioner in Writ Petition No.109176/2025. 3. Having heard the arguments of both sides, this Court perused the material on record meticulously. 4. A fixed deposit in the name of a minor child said to have been born to both the petitioners according to petitioner in Writ Petition No.109176/2025, is sought to be withdrawn which is subject matter of a Lokayukta enquiry. 5. Learned trial Judge by consent passed an order which reads as under: - 4 - HC-KAR NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025 “The applications filed by the applicants under section 457 of Cr.P.C are hereby allowed. The F.D accounts mentioned under the applications shall be released as interim custody in favour of the applicants equally apportioning the same subject to following: CONDITIONS 1) The applicants shall execute Indemnity Bond of the same amount to that effect. 2) The applicants shall furnish two solvent sureties for the same value under the F.D. accounts. 3) The applicants shall file affidavits admitting the seizure of F.D amount from their house during the raid conducted by the respondent police. Intimate the same to the concerned Investigation Officer.” 6. Being aggrieved by the same, petitioner in Writ Petition No.109176/2025 has approached this Court with the following prayer: 1. “Issue a writ, order or direction in the nature of Certiorari, quashing the impugned order dated 08.05.2025 passed by the Learned Principal District and Sessions - 5 - HC-KAR NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025 Judge, Bagalkot, in SC No.30/2011, marked as Annexure: F whereby the five Fixed Deposits standing in the name of the Petitioner's deceased minor son have been illegally apportioned between the Petitioner and Respondent No.2; 2. Direct the release of all five Fixed Deposits marked as Annexure: B exclusively in favour of the Petitioner, being the sole Class-1 legal heir and nominee of the deceased minor account holder; and 3. Pass such other writ, order or direction as this Hon'ble Court may deem fit in the circumstances of the case, in the interest of justice and equity.” 7. Whereas petitioner in Writ Petition No.109250/2025 has also approached this Court being aggrieved by the said order with the following prayer: “To issue writ in the nature of certiorari quashing the impugned order dated 08.05.2025 passed by the Court of Prl. District and Sessions Judge, Bagalkote, vide Annexure- D, in the interest of justice and equity; and issue writ in the nature of certiorari quashing the impugned order dated 26.11.2025 passed by the court of Prl. District and Sessions Judge, Bagalkote, vide Annexure-F, in the interest of justice and equity.” 8. Sri Anil Kale, learned counsel for Lokayukta, however would submit that the proceeds of the fixed deposit is - 6 - HC-KAR NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025 subject matter of Lokayukta enquiry and therefore, the order passed by the trial Court by consent of the parties need to be kept in abeyance till the final disposal of the Lokayukta enquiry and case thereof. 9. Having noted the respective contentions, this Court is of the considered opinion that the consent order passed by the trial Court needs to be confirmed by dismissing both the petitions. 10. Accordingly, following order is passed: ORDER i. Petitions are dismissed. ii. In view of the dismissal of the petition in Writ Petition No.109176/2025, petitioner in Writ Petition No.109250/2025 is entitled to withdraw 50% of the amount as per the consent order. Sd/- (V.SRISHANANDA) JUDGE CLK_CT:CMU LIST NO.: 1 SL NO.: 20