Dismissed¶73

Sri Mahadevappa S/O Hanumantappa Bhimakkanavar v. the State of Karnataka

Karnataka HC21 Jan 2026WP/109250/2025

Case brief

AI extract

What is this about?

Consent order interim custody Section 457 CrPC; five fixed deposits deceased minor son; equal apportionment wife and husband; indemnity bond two solvent sureties affidavit seizure; sole Class-1 legal heir nominee claim rejected; Lokayukta enquiry abeyance plea not accepted; certiorari Articles 226/227 r/w 482 CrPC 528 BNSS; Bagalkot SC No.30/2011; WP 109176/2025 c/w WP 109250/2025 (GM-RES); 50% withdrawal permitted; petitions dismissed; High Court of Karnataka Dharwad; Justice V.Srishananda; 21.01.2026.

What did the court decide?

Both writ petitions dismissed, confirming the trial Court's consent order; the petitioner in Writ Petition No.109250/2025 is entitled to withdraw 50% of the amount as per the consent order. ¶73

Sri Mahadevappa S/O Hanumantappa Bhimakkanavar Vs the… — Anticipatory Bail | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Both writ petitions dismissed, confirming the trial Court's consent order; the petitioner in Writ Petition No.109250/2025 is entitled to withdraw 50% of the amount as per the consent order.

¶73

Issue for consideration

Whether the consent order dated 08.05.2025 passed by the learned Principal District and Sessions Judge, Bagalkot, in SC No.30/2011, whereby the five fixed deposits standing in the name of the petitioner's deceased minor son were apportioned between the petitioner and Respondent No.2, should be quashed or confirmed. +3 more

¶58

Court's answer

Having noted the respective contentions, this Court was of the considered opinion that the consent order passed by the trial Court needs to be confirmed by dismissing both the petitions.

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Ratio / Principle

Both writ petitions were dismissed.

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Key takeaways

By dismissing Writ Petition No.109176/2025, the prayer for exclusive release of all five fixed deposits in favour of the petitioner-wife as claimed sole Class-1 legal heir and nominee did not prevail; the equal apportionment effected by the consent order stands.ratio¶72
The Lokayukta's plea that the consent order be kept in abeyance till the final disposal of the Lokayukta enquiry was not accepted; notwithstanding the pending enquiry, withdrawal of 50% of the amount as per the consent order was sanctioned.ratio¶73
In view of the dismissal of Writ Petition No.109176/2025, the petitioner in Writ Petition No.109250/2025 is entitled to withdraw 50% of the amount as per the consent order.

Detailed headnote1 paragraphs

Cross writ petitions by a wife (WP 109176/2025, GM-RES) and her husband (WP 109250/2025, GM-RES) before the High Court of Karnataka, Dharwad bench (Justice V.Srishananda, 21.01.2026), challenging a consent order dated 08.05.2025 of the Principal District and Sessions Judge, Bagalkot, in SC No.30/2011, whereby applications under section 457 of Cr.P.C were allowed and five fixed deposits standing in the name of the couple's deceased minor son were released as interim custody, equally apportioned between the applicants subject to an indemnity bond, two solvent sureties and affidavits admitting seizure of the F.D amount during the police raid. The wife sought exclusive release of all five deposits as claimed sole Class-1 legal heir and nominee of the deceased minor account holder; the husband sought quashing of both the 08.05.2025 order and a further order dated 26.11.2025; Lokayukta counsel urged keeping the consent order in abeyance till final disposal of the Lokayukta enquiry into the deposit proceeds. Held: the consent order passed by the trial Court needs to be confirmed by dismissing both the petitions; in view of the dismissal of WP 109176/2025, the petitioner in WP 109250/2025 is entitled to withdraw 50% of the amount as per the consent order.

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NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 21^ST DAY OF JANUARY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA WRIT PETITION NO. 109176 OF 2025 (GM-RES)

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C/W

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WRIT PETITION NO. 109250 OF 2025 (GM-RES)

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IN WP NO. 109176/2025

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BETWEEN:

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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.

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…PETITIONER

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(BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY A.C.B BAGALKOTE POLICE STATION-587103.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.29 11:03:34 +0530

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MAHADEVAPPA S/O HANMANTHAPPA BHIMAKKANAVAR AGE. 64 YEARS, OCC. RETIRED EMPLOYEE, R/O. VIDYAGIRI, BAGALKOT, TQ. DIST. BAGALKOT.

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…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. F.V. PATIL, ADVOCATE FOR R2)

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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

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NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025

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HC-KAR

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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.

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IN WP NO. 109250/2025 BETWEEN:

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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.

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...PETITIONER

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(BY SRI. F.V. PATIL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REP BY SPECIAL PUBLIC PROSECUTOR, LOKAYUKTA, BAGALKOT-587101.

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MADHUMATHI KERIMATTIHALLI, AGE.54 YEARS, R/O. PLOT NO.10/1/2, WARD NO.11 VIDYAGIRI, 23/A, CROSS, BAGALKOT-787101.

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...RESPONDENTS

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(BY SRI. ANIL KALE, ADVOCATE FOR R1)

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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.

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- 3 - NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025

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HC-KAR

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THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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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.

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These petitions are filed by the wife and the husband respectively. Petitioner in Writ Petition

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No.109250/2025 however disputed the status of the petitioner in Writ Petition No.109176/2025.

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Having heard the arguments of both sides, this Court perused the material on record meticulously.

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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.

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Learned trial Judge by consent passed an order which reads as under:

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NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025

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HC-KAR

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“The applications filed by the applicants under section 457 of Cr.P.C are hereby allowed.

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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:

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CONDITIONS

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1) The applicants shall execute Indemnity Bond of the same amount to that effect.

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2) The applicants shall furnish two solvent sureties for the same value under the F.D. accounts.

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3) The applicants shall file affidavits admitting the seizure of F.D amount from their house during the raid conducted by the respondent police.

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Intimate the same to the concerned Investigation Officer.”

¶54

Being aggrieved by the same, petitioner in Writ Petition No.109176/2025 has approached this Court with the following prayer:

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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

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5 - NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025

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HC-KAR

¶58

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;

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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

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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.”

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Whereas petitioner in Writ Petition No.109250/2025

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has also approached this Court being aggrieved by the said order with the following prayer:

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“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 AnnexureD, 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.”

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Sri Anil Kale, learned counsel for Lokayukta,

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however would submit that the proceeds of the fixed deposit is

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6 - NC: 2026:KHC-D:677 WP No. 109176 of 2025 C/W WP No. 109250 of 2025

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HC-KAR

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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.

¶69

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.

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Accordingly, following order is passed:

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ORDER

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i. Petitions are dismissed.

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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.

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Sd/(V.SRISHANANDA) JUDGE

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CLK_CT:CMU LIST NO.: 1 SL NO.: 20

Sri Mahadevappa S/O Hanumantappa Bhimakkanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Mahadevappa S/O Hanumantappa Bhimakkanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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