ORIENTAL INSURANCE COMPANY LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment dated 7-2-1995 of the learned Prl. Sessions Judge, Hassan passed in Cr. A. 49/91 dismissing the same, stands challenged in Cr. P. No. 1519/95 by the petitioner 'the Oriental Insurance Company Limited, Bangalore,' as the Insurer of the complainant Bank. In Cr. P. C. No. 426/95 the learned trial Magistrate's order dt. 8th March, 1981 and the said judgment dt. 7-2-1995 of Session's Court confirming that order of Magistrate are challenged by the complainant Bank.

(2.) THE four accused named, (1) Anantha alias Gende, (2) K. N. Manjunatha alias Manja, (3) Ganesha alias Ganeshraj Ballal and (4) M. K. Ravichandra alias Ravi alias Kutti (Al, A2, A3 and A4 respectively) were prosecuted for the offences under Ss. 120b and 392, I. P. C. before the learned C. J. M. Hassan in C. C. No. 11/89 by PW 43 Dy. Superintendent of Police of Hassan Sub-Division, (hereinafter referred to as the 'i. O. ') Hassan on the allegations that pursuant to the conspiracy hatched out between them they committed robbery of Rs. 1,78,348/- from the complainant bank on 15-11-1988 at about 7. 15 p. m. by putting its employees P. Ws. 1 and 2 and C. Ws. 1 and 2, under the instant fear of death and bodily injury to them. On a full-fledged trial they were acquitted of the said offences by the learned trial Magistrate by his judgment dated March 8, 1981. Under the said judgment of acquittal the learned trial Magistrate further passed his order purporting to be one under S. 452, Cr. P. C. confiscating the said cash marked at M. Os. 10 to 32 to the State instead of returning the same to the complainant Bank.

(3.) THE order of the learned Magistrate was challenged before the learned Sessions Judge in said Cr. Appeal No. 41/91 by the City Corporation Bank, Hassan (hereinafter called the 'complainant'), on the ground that the said cash amount belonged to the complainant which was subject of said robbery and, as such, the complainant was entitled to return thereof.