Karnataka High Court
Mr Abhinav Lal vs The State Of Karnataka on 2 April, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC:13961
CRL.P No. 1131 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 1131 OF 2025
BETWEEN:
MR. ABHINAV LAL,
S/O. CAPT. PRADEEP LAL,
AGED ABOUT 37 YEARS,
RESIDING AT NO. 869,
12TH MAIN, 3RD BLOCK,
KORAMANGALA,
BENGALURU - 560 034.
...PETITIONER
(BY SRI. MAHESH S, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally BY KORAMANGALA POLICE STATION,
signed by REPRESENTED BY STATE PUBLIC PROSECUTOR,
KAVYA R HIGH COURT BUILDING,
Location: BENGALURU - 01.
High Court
...RESPONDENT
of Karnataka
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNNS) PRAYING TO QUASH THE ORDER DATED 26-12-2024
PASSED IN CRIMINAL MISC NO. 10677/2024 BY
HON'BLE COURT OF FTSC-1, ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU AND GRANT INTERIM
CUSTODY OF ELECTRIC DEVICES I.E MOBILE PHONE I-
-2-
NC: 2025:KHC:13961
CRL.P No. 1131 of 2025
PHONE 13 MINI, GREEN COLOUR BEARING IMEI NO'S
359155241589760 AND 359155241909752 SEIZED IN PF NO.
114/2022 AND LAPTOP OF HP COMPANY MODEL NO. 2000,
NOTEBOOK, BEARING ID NO. OO3276000000000AA353 AND
ITS CHARGER SEIZED AND PRODUCED IN PF NO. 119/2023 IN
FAVOR OF THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioner challenges the order passed by the Trial Court wherein the application filed under Sections 451 and 457 of the Cr.P.C. for the release of electronic devices in PF No.119/2023 was rejected.
2. The petitioner is being prosecuted for offences punishable under Sections 8, 9(l), (m), (n), 10, 11(2)(3), and 12 of the Protection of Children from Sexual Offences Act, 2012. During the course of the investigation, the petitioner's electronic devices were seized to establish that the petitioner was allegedly watching pornography. The learned counsel for the petitioner states that the data from the seized electronic devices was subjected to forensic analysis by the FSL, which has retrieved the data and -3- NC: 2025:KHC:13961 CRL.P No. 1131 of 2025 concluded that no incriminating material was found. Therefore, the petitioner is entitled to the release of the electronic devices.
3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. Admittedly, the electronic devices seized from the petitioner were sent to the FSL, which submitted a report stating that no incriminating material was found. Therefore, when the electronic devices are not required for further investigation.
5. In these circumstances, the petitioner is entitled to the release of the electronic devices.
Accordingly, I pass the following:-
ORDER i. Petition is allowed.
ii. The impugned order dated 26.12.2024 passed by the Hon'ble Court of FTSC-I, Additional City Civil and Sessions Judge, Bengaluru in Criminal Misc No.10677/2024 is hereby quashed and the application filed under Section 451 and 457 of Cr.P.C., is allowed.-4-
NC: 2025:KHC:13961 CRL.P No. 1131 of 2025 iii. The Trial Court is directed to release the electronic devices seized in PF No.119/2023 to the petitioner within a period of one week from the date of receipt of copy of this order.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE VS List No.: 1 Sl No.: 22 CT: BHK