Sri. a Nagaraju Vs the State by Lokayuktha Police

¶1

1 - NC: 2025:KHC:30387 CRL.RP No. 49 of 2025

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF AUGUST, 2025

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 49 OF 2025

¶6

BETWEEN:

¶7

SRI A NAGARAJU, S/O ANNAIAHPPA, AGED ABOUT 57 YEARS, RESIDING AT ETTAKODI VILLAGE, KALKUNTE AGRAHARA, MALUR TALUK, KOLAR DISTRICT - 563 130.

¶8

SRI HANDRU E, S/O EREGOWDA,AGED ABOUT 44 YEARS, RESIDING AT NO. 49, 19^TH D CROSS, 7^TH MAIN ROAD, NEAR ALLIANCE COLLEGE, BTM 2^ND STAGE, BILEKAHALLI, BANGALORE SOUTH TALUK, BANGALORE URBAN DISTRICT - 560 076.

¶9

Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

¶10

SRI SATYANARAYANA REDDY, S/O SARREDDU KOVVURI, AGED ABOUT 59 YEARS, AUTHORIZED SIGNATORY OF D.S.R INFRASTRUCTURE PRIVATE LIMITED, D.S.R., DIYA ARCADE,NO.220, 1ST FLOOR, 9^TH MAIN, H.R.B.R. LAYOUT, 1^ST BLOCK EXTENSION, KALYAN NAGAR, BANGALORE 560 043.

¶11

SRI SHANKARAPPA, S/O LINGAPPA, AGED ABOUT 54 YEARS, RESIDING AT NO. 60,NEAR TREAMIS WORLD SCHOOL, KYALASANAHALLI, JIGANI, BANGALORE - 560 105.

¶12

2 - NC: 2025:KHC:30387 CRL.RP No. 49 of 2025

¶13

HC-KAR

¶14

SRI. SRINIVASA R, S/O. RAMAIAH,AGED ABOUT 48 YEARS, RESIDING AT NO. 25,NEAR BUS STAND, YETTIKODI, CHIKKATIRUPATHI, KOLAR DISTRICT, KOLAR - 563 130.

¶15

SRI. P. R. SRINIVASA, S/O P. RAJAGOPAL,AGED ABOUT 52 YEARS, RESIDING AT NO. 152,9^TH CROSS, PARAMOUNT GARDEN,NEAR METRO STATION, TALAGHATTAPURA, BANGALORE - 560 109.

¶16

SRI. H. NAGARAJAPPA, S/O T. HOSAKOTAPPA,AGED ABOUT 52 YEARS, RESIDING AT NO. 575, 27^TH MAIN, 2^ND CROSS, KUVEMPUNAGARA, BTM 2^ND STAGE, BANGALORE 560 076.

¶17

SRI T HOSAKOTAPPA, S/O. TATTANURU GOWDA, AGED ABOUT 75 YEARS, RESIDING AT NO. 25, 207^TH MAIN ROAD, MARIYAMMANAGUDI, YETTIKODI VILLAGE, MALUR TALUK, KALKUNTE, KOLAR DISTRICT - 563 130.

¶18

SMT. H. NARAYANAMMA, W/O. SRINIVASA R.,AGED ABOUT 42 YEARS, RESIDING AT OM SRI. SIDDESHWARA NILAYA, MARIYAMMA TEMPLE ROAD, YETTIKODI VILLAGE, MALUR TALUK, KOLAR DISTRICT - 563 130.

¶19

SMT. MUNITHAYAMMA, W/O. SHANKARAPPA, AGED ABOUT 47 YEARS, RESIDING AT SY. NO. 262, VABASANDRA CROSS, HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 560 105.

¶20

3 - NC: 2025:KHC:30387 CRL.RP No. 49 of 2025

¶21

HC-KAR

¶22

SMT. JYOTHI ANGADI BASAVARAJ, W/O. D. S. SIDDALINGASWAMY, AGED ABOUT 49 YEARS, RESIDING AT NO. 62, 3^RD MAIN, RMV 2^ND STAGE, MLA LAYOUT, VENKATACHARI NAGAR,BANGALORE NORTH TALUK, BANGALORE DISTRICT - 560 094.

¶23

…PETITIONERS

¶24

(BY SRI SATISH K.,ADVOCATE)

¶25

AND:

¶26

THE STATE BY LOKAYUKTHA POLICE, REPRESENTED BY SUPERINTENDENT OF POLICE, KOLAR DISTRICT, KOLAR - 563 101.

¶27

…RESPONDENT

¶28

(BY SRI B B PATIL, ADVOCATE)

¶29

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) PRAYING TO SET ASIDE THE IMPUGNED COMMON ORDER DATED 28/10/2024, REJECTING THE APPLICATION FILED BY THE PETITIONERS UNDER SECTION 457 OF THE CODE OF CRIMINALPROCEDURE, 1973 BY THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR (ANNEXURE - A) AND ALLOW THE SAID APPLICATIONS AS PRAYED FOR BEFORE THE HONBLE TRIAL COURT (ANNEXURE - F TO F10).

¶30

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶31

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

¶32

ORAL ORDER

¶33

This petition is filed assailing the order dated 28.10.2004

¶34

under Section 457 of Code of Criminal Procedure Code for

¶35

release of the documents mentioned in the said application.

¶36

4 -

¶37

NC: 2025:KHC:30387 CRL.RP No. 49 of 2025

¶38

HC-KAR

¶39

Application is rejected by the Trial Court considering the objection filed by the Lokayukta.

¶40

Learned counsel for the petitioners would submit that the documents seized are the title deeds pertaining to the immovable properties and vehicles, and currencies for Rs.11,50,000/- are also seized from the custody of petitioner No.9. It is also submitted that two cheque books pertaining to the account of petitioner No.2 are also seized. It is submitted that the documents were seized on 27.03.2024 and pursuant to the seizure, notice has been issued to the petitioners and petitioners have responded to the said notice and co-operated in the investigation.

¶41

Learned counsel for the petitioners submits that the petitioners have co-operated with the investigation, and the respondent has not completed the investigation and has not submitted the report. It is submitted that the Co-ordinate Bench of this Court in various decisions has taken view that the title deeds pertaining to the persons under scrutiny pursuant to the complaint cannot be detained for an unreasonably long period.

¶42

5 - NC: 2025:KHC:30387 CRL.RP No. 49 of 2025

¶43

HC-KAR

¶44

Learned counsel for the Lokayukta on the other hand would submit that the case involves large scale misappropriation of public funds and investigation of a case of this nature requires reasonable time and investigation agency is doing its best to complete the investigation and it may complete the investigation in another three months.

¶45

In addition, he would also submit that the documents which are now sought to be released in favour of the petitioners are the documents very much required in investigation and there is no justification in filing the application for release of the documents and the Trial Court is justified in dismissing the application.

¶46

This Court has considered the contentions

¶47

raised at the bar and perused the records.

¶48

There is no dispute that more than an year has lapsed since documents are seized and they are in the custody of the respondent/Lokayukta. It is noticed that

¶49

6 - NC: 2025:KHC:30387 CRL.RP No. 49 of 2025

¶50

HC-KAR

¶51

some of the documents are the title deeds pertaining to immovable properties, some of the documents are the registration certificates pertaining to vehicles and two documents are the cheque books and one document is Form No.9 pertaining to the residential house. Rs.11,50,000/- in 2290 currency notes of Rs.500/- and 25 currency notes of Rs.200/- have been seized and recovered from a petrol bunk which apparently stands in the name of petitioner No.9.

¶52

The contention of the respondent is that the properties belong to petitioner No.7 and they are immovable properties acquired or transferred in the name of remaining accused. In substance, he would submit that the transactions are benami transactions in the name of remaining accused and transactions are carried out by petitioner No.7.

¶53

This Court is of the view that in case return of certain documents is ordered with certain riders, that will not come in the way of investigation which has been

¶54

7 - NC: 2025:KHC:30387 CRL.RP No. 49 of 2025

¶55

HC-KAR

¶56

undertaken by the respondent. To ensure that the documents are available for inspection of the Court at the time of trial, in case charge sheet is filed, the Court can certainly impose certain conditions to handover the same to the investigation agency, if required.

¶57

It is also required to be observed that the application for release of cash of Rs.11,50,000/- referred to above cannot be ordered as the cash may be required before the Trial Court, in case the charge sheet is filed. It is also required to be noticed that the cheque books which are seized by the respondent need not be delivered to the petitioners as the petitioners can certainly operate the bank account with those two cheque books.

¶58

As far as the title deeds pertaining to the properties are concerned, the respondent shall return the title deeds to the respective petitioners after retaining the Xerox copies and the respondent shall have the authority to summon the petitioners to secure any of those title deeds during the course of investigation.

¶59