Karnataka High Court
CRL.P/5541/2025 of SMT SHOBHA Vs THE STATE OF KARNATAKA on 15 July 2026
CNR: KAHC010250452025 NC: 2026:KHC:36346 CRL.P No. 5541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5541 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. SMT SHOBHA S/O N.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5541 OF 2025 (482(Cr.PC)
/ 528(BNSS)-)
BETWEEN:
1.
SMT SHOBHA
S/O N. NARASIMHAMURTHY
AGE 55 YEARS, RESIDING AT CHANDANA SIRI
BEHIND SHIVA GANAPATHY TEMPLE
SUBHASHNAGAR, NELAMANGALA
BENGALURU RURAL DISTRICT 562123
…PETITIONER
(BY SRI. GORAWAR RAHUL RAMANAND.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
LOKAYUKTA POLICE
REP BY DY.SP.LOKAHUKTHA
BENGALURU RURAL 560 001
BEFORE HIGH COURT
REPTD.BY STATE PROSECUTOR
HIGH COURT OF KARNATAKA
BANGLORE-560 001
2.
B.N.SHIVANNA
S/O LATE NAGAPPA
AGE 65 YEARS
RESIDENT OF NO.648,
12TH CROSS, 5TH MAIN ROAD
Digitally signed
by
PADMAVATHI B
K
Location: High
Court of
Karnataka
HC-KAR
M.C.LAYOUT, VIJAYANAGAR,
BENGALURU 560 040
…RESPONDENTS
(BY SRI. K. PRASANNA SHETTY.,ADVOCATE)
CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO RELEASE THE CASH
AMOUNT OF RS.13,02,500/- IN PF NO.25/2023 BY SET ASIDE
THE IMPUGNED ORDER DAT ANNEXURE-H DATED 29.11.2024
PASSED BY THE HONBLE IX ADDL.DISTRICT AND SESSIONS
JUDGE BENGALURU RURAL DISTRICT AT BENGALURU IN
CRL.MISC.NO.2382/2024 IN LOKAYUKTHA CRIME NO.12/2023
DISMISSING THE APPLICATION U/S 451 AND 457 OF CR.PC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The petitioner is before the court seeking the following prayer:
i. Release the Cash amount of Rs.13,02,500/- in PF NO.25/2023 by setting aside the impugned Order at Annexure-H dated 29-11-2024 passed by the Hon'ble IX Addl. District and Sessions Judge, Bengaluru Rural District at Bengaluru in Crl.Misc.No.2382/2024 in Lokayukta Crime No.12/2023 dismissing the application U/s 451 & 457 of Cr.P.C. ii. Pass such other order/s as this Hon'ble Court may deem fit, in the facts and circumstances of this case, in the interest of justice.
HC-KAR
2. Facts in brief germane are as follows: The petitioner is the wife of a Public Servant, who is caught in a proceeding for offence punishable under Section 7A r/w 13(2) of Prevention of Corruption Act. Both of them have sprung on a particular action of the respondent-Lokyuktha. One, the Public Servant was trapped. Later, his house was searched. Therefore, the offence under Section 7A and Section 13(2) of the Prevention of Corruption Act (for short 'P.C. Act')
3. The issue does not relate to the merit of the matter. The wife of the Government Servant who is said to be the accused in Crime No.12/2023, files an application before the concerned Court under Section 451 and 457 of Cr.P.C., for release of the cash that was seized either at the time of trap or in the proceedings under Section 13 of P.C. Act.
4. The learned counsel Sri K. Prasanna Shetty, appearing for the respondent-Lokayukta submits that Lokayukta Police file the charge sheet in any moment. Therefore, reserving liberty to the petitioner to file an
HC-KAR
application to the crime that is filed, after the filing of the charge sheet or at any time during the trial.
5. The criminal petition stands disposed of
Sd/- (M.NAGAPRASANNA) JUDGE
HR List No.: 2 Sl No.: 32