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2025 DAILYLAW 14575 (KAR)

MR ABHINAV LAL v. THE STATE OF KARNATAKA

CRL.P/1131/2025 · 2025-04-02

Hemant Chandangoudar

body2025

Judgment text

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- 1 - 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 BY KORAMANGALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 01. …RESPONDENT (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- Digitally signed by LAKSHMI T Location: High Court of Karnataka - 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 - 5 - NC: 2025:KHC:13961 CRL.P No. 1131 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [MR ABHINAV LAL VS. THE STATE OF KARNATAKA] 02.05.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER ON ‘FOR BEING SPOKEN TO’ Learned counsel for petitioner submitted that he filed the petition, with a prayer to set aside the order dated 26.12.2024 passed by the Court of FTSC-I, Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc No.10677/2024 and sought for the interim custody of the electronic devices seized under PF No.114/2022 and PF No.119/2023. This Court was pleased to allow the petition and set aside the impugned order, but while directing the release of the properties, only the electronic devices seized in PF No.119/2023 was ordered to be released. The order passed by this Court goes to show that the impugned order was set aside by this Court, however, only the electronic devices seized under PF No.119/2023 was ordered to be released. The prayer is to release the articles seized under PF No.114/2022 as well as PF No.119/2023. In view of setting aside of the impugned order, trial Court is directed to release the articles seized under PF No.119/2023 and - 6 - NC: 2025:KHC:13961 CRL.P No. 1131 of 2025 PF No.114/2022 to the petitioner within a period of two weeks from the date of receipt of a copy of the order. This order shall be read in conjunction with the order dated 02.04.2025. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 4 Sl No.: 87