Case Note & Summary
The present revision petition was filed by the legal representatives of the deceased accused, S.T. Goudar, who was facing trial in Special Case (PCA) No.11/2011 before the Principal District and Sessions Judge, Chitradurga for offences under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. During the trial, certain cash and bank deposits belonging to the accused were attached. After the death of the accused, his legal representatives filed an application under Section 457 read with Section 458 of Cr.P.C. seeking release of the attached property. The trial court rejected the application on the ground that the property was liable to be confiscated if the accused was convicted. The legal representatives then approached the High Court by way of this revision petition. The High Court observed that the property in question belongs to the legal representatives and that the trial court cannot retain the property indefinitely, especially when the accused is deceased and the case against him has abated. The court held that the legal representatives are entitled to the property and directed its release subject to the condition that they furnish a bond and give an undertaking to produce the property if required. The revision petition was allowed and the impugned order was set aside.
Headnote
A) Criminal Procedure Code - Release of Property - Section 457 read with Section 458 Cr.P.C. - Entitlement of Legal Representatives - The petitioners, legal representatives of the deceased accused, sought release of cash and bank deposits attached during the trial for offences under the Prevention of Corruption Act, 1988. The trial court rejected the application on the ground that the property was subject to confiscation upon conviction. The High Court held that the property belongs to the legal representatives and cannot be retained indefinitely pending trial, especially when the accused is deceased and the case is abated. The court directed release of the property to the petitioners subject to conditions. (Paras 1-10)
Issue of Consideration
Whether the legal representatives of a deceased accused are entitled to the release of property attached during the trial under Section 457 read with Section 458 of Cr.P.C., pending conclusion of the criminal case.
Final Decision
The High Court allowed the revision petition, set aside the impugned order dated 04.12.2014, and directed the release of the attached property to the petitioners subject to them furnishing a bond and undertaking to produce the property if required.
Law Points
- Section 457 Cr.P.C.
- Section 458 Cr.P.C.
- Section 13(1)(e) read with Section 13(2) Prevention of Corruption Act
- 1988
- Release of property during trial
- Right of legal representatives to claim property of deceased accused
Case Details
2019 LawText (KAR) (08) 19
Criminal Revision Petition No.982 of 2015
B.V. Acharya (Senior Counsel) for Dineshkumar K. Rao for petitioners; Venkatesh S. Arabatti (Special Public Prosecutor) for respondent
S.T. Goudar (since dead, represented by LRs: Smt. Mynavati, Kumari Shobha, Chandrakant, Ravikant)
State by Police Inspector, Karnataka Lokayukta Police Station, Chitradurga
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Nature of Litigation
Criminal revision petition challenging the order of the trial court rejecting an application for release of attached property.
Remedy Sought
The petitioners (legal representatives of deceased accused) sought release of cash and bank deposits attached during the trial.
Filing Reason
The trial court rejected the application for release of property under Section 457 read with Section 458 Cr.P.C.
Previous Decisions
The trial court (Principal District and Sessions Judge, Chitradurga) passed an order dated 04.12.2014 rejecting the application.
Issues
Whether the legal representatives of a deceased accused are entitled to release of property attached during trial under Section 457 Cr.P.C.
Whether the trial court can retain attached property indefinitely pending trial after the death of the accused.
Submissions/Arguments
Petitioners argued that the property belongs to them as legal representatives and cannot be retained by the court after the death of the accused.
Respondent (State) opposed the release, contending that the property is liable to be confiscated if the accused is convicted.
Ratio Decidendi
The property attached during trial belongs to the legal representatives of the deceased accused and cannot be retained indefinitely by the court. The legal representatives are entitled to its release under Section 457 Cr.P.C., subject to conditions ensuring its production if needed.
Judgment Excerpts
The present Revision Petition has been filed by the legal representatives of deceased S.T.Goudar, who was accused in Special Case (PCA) No.11/2011 before the Principal District and Sessions Judge, Chitradurga for the offences punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.
The present petitioners filed an application under Section 457 read with Section 458 of Cr.P.C., to release the amount deposited in various banks and also the cash belonging to the deceased accused.
Procedural History
The trial court (Principal District and Sessions Judge, Chitradurga) rejected the application for release of property on 04.12.2014. The legal representatives of the deceased accused filed a criminal revision petition under Section 397 read with Section 401 Cr.P.C. before the High Court of Karnataka, which was allowed on 23.08.2019.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): Section 397, Section 401, Section 457, Section 458
- Prevention of Corruption Act, 1988: Section 13(1)(e), Section 13(2)
