Karnataka High Court
Anil Mahadev Patil vs State Of Karnataka on 21 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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CRL.P No. 4339 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.4339 OF 2025
(482(Cr.PC)/528(BNSS)
BETWEEN:
1. ANIL MAHADEV PATIL
S/O.MAHADEV PATIL
TRANSPORT BUSINESS
AGED ABOUT 47 YEARS
OCC: BUSINESSMAN
R/AT VAITHY STREET
SHEVPET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.692662702672
2. VINOD DHONDIRAM MALI
S/O.DHONDIRAM MALI
PROPRIETOR OF
TANVI PAYAL SALEM
AGED ABOUT 38 YEARS
OCC: BUSINESSMAN
R/AT SHEVPET SALEM
Digitally
signed by TAMIL NADU-636 002
CHANDANA AADHAR CARD NO.302126374010
BM
Location:
High Court of 3. NITIN NARAYAN MALI
Karnataka
S/O.NARAYAN MALI
PROPRIETOR OF OM SILVER, SALEM
AGED ABOUT 48 YEARS
OCC: BUSINESSMAN
R/AT VAITHY STREET
SHEVPET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.418941436624
4. AJMUDDIN YAKUB MULANI
S/O.YAKUB MULANI
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PROPRIETOR OF N.S.PAYALS
AGEB ABOUT 43 YEARS
OCC: BUSINESSMAN
R/AT PAIKARA STREET
SHEVPET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.711956477151
5. SANJAY KASHINATH MALI
S/O.KASHINATH MALI
PROPRIETOR OF
VISHWAJEETH PAYAL SALEM
AGED ABOUT 43 YEARS
OCC: BUSINESSMAN
R/AT LAXMI IYER STREET
SHEVPET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.649710159029
6. NANDAKUMAR RAMCHANDRA GIDDE
S/O.RAMCHANDRA GIDDE
PROPRIETOR OF SWAPNALI PAYALS SELAM
AGED ABOUT 60 YEARS
OCC: BUSINESSMAN
R/AT LAXMI IYER STREET
SHEVPET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.474611854756
7. R.BHAGWANSAIT YADAV
S/O.RAMACHANDRAN
PROPRIETOR OF
M/S.SRI SIDDHESHWAR
JEWELLERY SALEM
AGED ABOUT 48 YEARS
OCC: BUSINESSMAN
R/AT MARKET STREET
GUGAI SALEM
TAMIL NADU-636 002
AADHAR CARD NO.650117496337
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8. A SHABBER AHAMADH
S/O.K.ABDUL BASHEER
PROPRIETOR OF
MOKESH JWELLERS
AGED ABOUT 43 YEARS
OCC: BUSINESSMAN
R/AT NAKKERER STREET
GUGAI SALEM
TAMIL NADU-636 002
AADHAR CARD NO.644469043618
9. THATYYASHAIEB MARUTI MORE
S/O.MARUTI MORE
PROPRIETOR OF YASHODA PAYALS
AGED ABOUT 57 YEARS
OCC: BUSINESSMAN
R/AT LAKSMI IYER STREET
SHEVPET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.817901452101
10. D.SHANTARAM DADASO CHANNE
S/O.DADASO RAMACHANDRAN CHANNE
PROPRIETOR OF SHIV MALAR TRADERS
OCC: BUSINESSMAN
R/AT VARDHAPPAN STREET, SALEM
TAMIL NADU-636 002
AADHAR CARD NO.854506769585
11. S.BALU
S/O.SELVAM
PROPRIETOR OF P.S.SILVER PAYALS
AGED ABOUT 38 YEARS
OCC: BUSINESSMAN
R/AT OM SAKTHI NAGAR SALEM
TAMIL NADU-636 002
AADHAR CARD NO.625437795064
12. SUVASKUMAR ASHOK RAO
S/O.ASHOK RAO
PROPRIETOR OF SHRI SILVER WORKS
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AGED ABOUT 37 YEARS
OCC: BUSINESSMAN
R/AT LAXMI IYER STREET
SHEVPET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.480426124121
13. RANJEETHKUMAR RAJA
S/O.RAJARAM
PROPRIETOR OF M/S.RISHI SILVER
AGED ABOUT 36 YEARS
OCC: BUSINESSMAN
R/AT SAMBALINGMOORTHI STREET
SHEVPET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.662404711695
14. RAJENDRAN SOMANATHAN
S/O.RAJARAM
PROPRIETOR OF P.S.R. JEWELLERS
AGED ABOUT 55 YEARS
OCC: BUSINESSMAN
R/AT OM SAKTHI NAGAR SALEM
TAMIL NADU-636 002
AADHAR CARD NO.557992346822
15. SOMNATH JAYWANT SHINDE
S/O.JAYWANT SHINDE
PROPRIETOR OF SHRI MEENAKSHI
SILVER MANUFACTURES TRADERS
AGED ABOUT 48 YEARS
OCC: BUSINESSMAN
R/AT SHEVPET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.779615773071
16. P.SATHIYA NARAYANAN
S/O.PERUMAL
PROPRIETOR OF MAB SILVERS
AGED ABOUT 46 YEARS
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OCC: BUSINESSMAN
R/AT PERIYA KINARU STREET SALEM
TAMIL NADU-636 002
AADHAR CARD NO.428340516402
17. PRAVIN TANAJI SHETKE
S/O.TANAJI
AGED ABOUT 45 YEARS
OCC: BUSINESSMAN
R/AT HUPARI
MAHARASHTRA-416 203
AADHAR CARD NO.409116349385
18. VISHAL TANAJI SHETKE
S/O.TANAJI
AGED ABOUT 47 YEARS
OCC: BUSINESSMAN
R/AT HUPARI
MAHARASHTRA
AADHAR CARD NO.965627610950
19. DHANAJI UTTAM JADHAV
S/O.UTTAM JADHAV
R/AT SHINDE MALA RAILWAY LINE
SANGLI, MAHARASHTRA-416 416
AADHAR CARD NO.769606104565
...PETITIONERS
(BY SMT.SHRIYA MAINI FOR
SRI HOSPURE ARATI RAVICHANDRA, ADVOCATES)
AND:
STATE OF KARNATAKA
BY KORA POLICE STATION
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560 001
...RESPONDENT
(BY SMT.SOWMYA R., HCGP)
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CRL.P No. 4339 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.PC. (FILED UNDER SECTION 528 OF BNSS) PRAYING TO
SET ASIDE THE IMPUGNED ORDER DATED 20.02.2025 PASSED
IN CRL.RP.NO.107/2024 BY VI ADDITIONAL DISTRICT AND
SESSIONS JUDGE, TUMAKURU VIDE ANNEXURE-A
CONFIRMING THE ORDER DATED 22.11.2024 PASSED ON AN
APPLICATION IN CRIME NO.113/2024 BY VI ADDITIONAL CIVIL
JUDGE AND VII JMFC, TUMAKAURUAND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
This petition by the complainants in Crime No.113/2024 is directed against the impugned order dated 22.11.2024 rejecting the application filed by the petitioners under Sections 503 of BNSS (Section 457 of Cr.PC), whereby the application for release of seized articles, jewellery, cash and vehicle claimed by the petitioners was rejected by the trial Court and confirmed in Crl.RP.No.107/2024 by the Sessions Court, which dismissed the said revision petition filed by the petitioners.
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2. A perusal of the material on record would indicate that the petitioners filed a complaint, registered as an FIR in Crime No.113/2024 against the four accused persons for the offence punishable under Section 310(2) of BNS.
In pursuance of the same, the Police authorities conducted investigation and seized various movable properties viz., cash, jewellery, vehicles etc. and filed a chargesheet which is pending consideration in CC.No.234/2025 before the trial Court. The petitioners-complainants claiming to be the owners of the movables, jewellery, cash, vehicle etc., filed the instant application under Section 503 of BNSS seeking interim custody of the said properties. By the impugned order dated 22.11.2024, the trial Court rejected the application filed by the petitioners, who approached the Revisional Court in Crl.RP.No.107/2024 which was also rejected by the Revisional Court.
3. Aggrieved by the impugned orders passed by the trial Court and Revisional Court the petitioners are before this Court by way of the present petition.
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4. A perusal of the material on record and the impugned order would indicate that the trial Court and the Revisional Court failed to consider and appreciate the material on record comprising of the bills, invoices, vouches, affidavits etc. and other documents produced by the petitioners, which clearly indicate that the petitioners would be entitled to interim custody of the said movable articles seized during investigation.
5. In this context, the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in AIR 2003 SC 638, has laid down some guidelines, which are as under:
"10. To avoid such a situation, in our view, powers under Section 451 CrPC should be exercised promptly and at the earliest.
Valuable articles and currency notes
11. With regard to valuable articles, such as, golden or silver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such articles in police custody for years till the trial is over. In our view, this submission requires to be accepted. In such cases, the -9- NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR Magistrate should pass appropriate orders as contemplated under Section 451 CrPC at the earliest.
12. For this purpose, if material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after:
(1) preparing detailed proper panchnama of such articles;
(2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and (3) after taking proper security.
13. For this purpose, the court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 CrPC. The bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. The court should see that photographs of such articles are attested or countersigned by the complainant, accused as well as by the person to whom the custody is handed over. Still however, it would be the function of the court under Section 451 CrPC to impose any other appropriate condition.
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14. In case, where such articles are not handed over either to the complainant or to the person from whom such articles are seized or to its claimant, then the court may direct that such articles be kept in bank lockers. Similarly, if articles are required to be kept in police custody, it would be open to the SHO after preparing proper panchnama to keep such articles in a bank locker. In any case, such articles should be produced before the Magistrate within a week of their seizure. If required, the court may direct that such articles be handed back to the investigating officer for further investigation and identification. However, in no set of circumstances, the investigating officer should keep such articles in custody for a longer period for the purposes of investigation and identification. For currency notes, similar procedure can be followed.
15. Learned Senior Counsel Mr Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, a number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to their owners or to the person from whom the said vehicles are seized by taking appropriate bond and
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR guarantee for the return of the said vehicles if required by the court at any point of time.
16. However, the learned counsel appearing for the petitioners submitted that this question of handing over the vehicle to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the persons concerned.
17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.
18. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by a third person, then such vehicle may be ordered to be auctioned by the court. If the said vehicle is insured with the insurance company then the insurance company be informed by the court to take possession of the vehicle which is not claimed by the owner or a third person. If the insurance company fails to take possession, the vehicles may be sold as per the direction of the court. The court would pass such order within a period of six
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR months from the date of production of the said vehicle before the court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared.
19. For articles such as seized liquor also, prompt action should be taken in disposing of it after preparing necessary panchnama. If sample is required to be taken, sample may be kept properly after sending it to the Chemical Analyser, if required. But in no case, large quantity of liquor should be stored at the police station. No purpose is served by such storing.
20. Similarly for the narcotic drugs also, for its identification, procedure under Section 451 CrPC should be followed of recording evidence and disposal. Its identity could be on the basis of evidence recorded by the Magistrate. Samples also should be sent immediately to the Chemical Analyser so that subsequently, a contention may not be raised that the article which was seized was not the same.
21. However, these powers are to be exercised by the Magistrate concerned. We hope and trust that the Magistrate concerned would take immediate action for seeing that powers under Section 451 CrPC are properly and promptly
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR exercised and articles are not kept for a long time at the police station, in any case, for not more than fifteen days to one month. This object can also be achieved if there is proper supervision by the Registry of the High Court concerned in seeing that the rules framed by the High Court with regard to such articles are implemented properly."
So also, the Coordinate Bench of this Court in the case of Shri Vishal Ramesh Khatwani vs. State Of Karnataka in Crl.RP.No.210/2024 [DD:04.10.2024] has laid-
down some guidelines regarding interim release of the movable properties, which are as under:
"Directions/Guidelines:
(1) Description of the seized property shall be incorporated in the seizure mahazar so as to distinctly identify the seized property at all stages in the criminal trial.
(2) Mahazar shall include, serial numbers, make of the seized property, manufacturers name, if any, distinctive marks, if any, hall mark, if any, on the gold and silver articles with distinct numbers.
(3) Mahazar shall include, approximate value of the seized property (estimation of valuation to be obtained from the registered valuers
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR wherever necessary). It shall accompany the P.F. Memo when it is placed before the learned Trial Magistrate.
(4) Trial Magistrate shall verify the contents of mahazar with aforesaid details and personally examine the seized properties and satisfy that the seized properties are tallying with the description made in the mahazar and P.F. Memo.
(5) Unless a specific grounds/reasons are made out by the Investigating Agency, seized property shall not be allowed to be retained by the Investigating Agency.
(6) Even if the request for retention is allowed, the learned Trial Magistrate instead of passing a mechanical order by initialing on the readymade seal with words 'permitted to retain', pass a suitable speaking order in the order sheet of the case, directing the Investigating Agency that they would be retaining the property as a 'Bailee' and ensure that proper care is taken to preserve the seized property.
(7) Learned Trial Magistrate shall ensure that proper infrastructure is available with the police for preservation of the seized material objects and must report to the Court as to its status when the charge sheet is filed.
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR (8) If the seized property is sent to the Forensic Science Laboratory, Investigating Agency shall ensure that the property is sent in a proper sealed condition and seals are intact, at all levels.
(9) Whenever the property is ordered to be retained by the Investigating Agency, and if an application seeking release is rejected, after the investigation, and if the need of retaining property is not imperative, the Court may pass suitable orders with regard to the interim disposal of the property. (10) Learned Trial Magistrates/leaned Sessions Judges are hereby directed to ensure the disposal of the property in respect of Narcotic drugs and psychotropic substances as per the directions of the Hon'ble Supreme Court in the case of Union of India vs. Mohanlal and another, reported in (2016) 3 Supreme Court Cases 379.
(11) In case of seizure of the vehicles, the standard operating procedure and the amendment to the Rule 232G of Karnataka Motor Vehicles (Amendment) Rules, 2018 shall be borne in mind by the learned Trial Magistrate while disposing the application filed under Section 451 and 457 Cr.P.C., or under Section 497 of BNSS.
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR (12) In respect of the electronic and digital material objects, the learned Trial Magistrate shall ensure that the same to be retained by the police under retention order to ensure that the same are not exposed to the atmospheric moisture, resulting in damage to the seized electronic equipment or data stored therein.
(13) Necessary directions in this regard shall be made in the order while P.F. Memo is filed into the Court seeking retention of the seized electronic items, Compact Disc, Pendrives and such other storage media when produced and ordered to be retained shall be properly preserved by taking necessary precautions so as to avoid the damage to the data stored therein which may have a direct bearing on the merits of the trial.
(14) Precious items like Gold, Silver shall not be ordinarily to be retained with the Investigating Agency unless the same is required for investigation purpose like identity, finger print examination etc., and wherever it is necessary, photographs/ videographs of the seized material objects can ordered to be returned to the applicant after deciding the rival claim, if any.
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR (15) In respect of the explosives, inflammable substances, like adulterated petroleum products, gas cylinders etc, the learned Trial Magistrate shall ensure the safety of the seized material objects, not only the safety of seized material objects and possible accident in the place where it is stored and pass suitable orders.
(16) In respect of perishable items, the learned Trial Magistrate without loss of time, shall consider the application and pass suitable orders like auctioning the perishable items and directing the auction money to be kept in 'escrow account' subject to the final result of the criminal proceedings.
(17) In respect of the seized material objects under the special enactments like Essential Commodities Act etc., learned Trial Magistrate, shall strictly adhere to the rules and regulations under the special enactment and pass appropriate orders as early as possible.
(18) In respect of seized cash, photograph/ videograph of the currency notes to be taken and serial numbers of the seized currency notes shall be written in a mahazar. Immediate steps are to be taken to deposit the currency notes to Reserve Bank of India
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR and value of the currency notes thereof shall be ordered to be returned to the successful party at the end of the trial."
6. Learned High Court Government Pleader would submit that there is mismatch between the properties sought to be released and the documents sought to be produced and as such, both the Courts were justified in rejecting the claim of the petitioners.
7. Learned counsel for petitioners, on instructions, submits that the petitioners have produced all relevant documents for the purpose of seeking release and would produce additional documents and the impugned order may be set-aside and the trial Court may be directed to release the properties in favour of the petitioners by verifying the documents produced and to be produced by the petitioners in accordance with law.
8. In view of the aforesaid facts and circumstances and the guidelines laid-down by the Hon'ble Apex Court and the Coordinate Bench of this Court in the aforesaid
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR judgments, I am of the considered opinion that the impugned order deserves to be set-aside and necessary directions are to be issued to the trial Court to grant interim release of the movable properties sought for by the petitioners after verifying the documents produced and to be produced by the petitioners as expeditiously as possible.
9. In the result, I pass the following:
ORDER
i) This petition is hereby allowed;
ii) The impugned order dated 20.02.2025 passed in Crl.RP.No.107/2024 by VI Additional District and Sessions Judge, Tumakuru, is hereby set-aside;
iii) The application filed by the petitioners before the trial Court is allowed;
iv) The trial Court is directed to grant interim custody of the movable properties claimed by the petitioners and release the same in favour of the petitioners after verifying the documents
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NC: 2025:KHC:27356 CRL.P No. 4339 of 2025 HC-KAR produced and to be produced by the petitioners, as expeditiously as possible.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE LB List No.: 1 Sl No.: 26