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2025 DAILYLAW 17209 (KAR)

SMT KAVYA G R v. STATE BY HEBBAGODI POLICE STATION

CRL.P/1752/2024 · 2025-07-09

S R Krishna Kumar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24967 CRL.P No. 1752 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1752 OF 2024 BETWEEN: SMT. KAVYA G.R, AGED ABOUT 29 YEARS, W/O JEEVAN A.N, D/O RAMESH GUPTHA G.S., NO.262, 2ND CROSS, H BLOCK, 5TH MAIN, RAMAKRISHNANAGAR, KUVEMPUNAGAR, MYSORE - 570 023. …PETITIONER (BY SRI. SANJAY B.K, ADVOCATE) AND: 1. STATE BY HEBBAGODI POLICE STATION, ELECTRONIC CITY, BOMMASANDRA, BENGALURU - 560 099, REPRESENTED BY SPP, HIGH COURT, BENGALURU - 01. 2. SRI. JEEVAN A.N, AGED ABOUT 30 YEARS, S/O NAGARAJU N, NARAYANA NILAYA, BEHIND VASAVY APARTMENT, KAMMASANDRA ROAD, ELECTRONIC CITY, BENGALURU - 560 100. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 - SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 11.01.2024 PASSED IN Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24967 CRL.P No. 1752 of 2024 APPLICATION FILED BY THE PETITIONER U/S 451 AND 457 OF THE CR.P.C. IN C.C.NO.9311/2023 BY LEARNED IV ADDL CIVIL JUDGE AND JMFC, ANEKAL AND PASS AN ORDER TO RELEASE SEIZED JEWELS WHICH IS REPORTED TO BEFORE THE PRL. CIVIL JUDGE AND JMFC AT ANEKAL IN P.F. NO.134/2023 FOR INTERIM CUSTODY OF PETITIONER. 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 In this Petition, Petitioner seeks the following reliefs: "WHEREFORE, it is respectfully and humbly prayed that this Hon'ble Court may be pleased to set aside the Order dated 11.01.2024 passed in application filed by the Petitioner under Section 451 and 457 of the Cr.P.C. in CC No. 9311/2023 by Learned IV Addl. Civil judge and JMFC, Anekal and pass an order to release seized jewels which is reported to before the IV Addl. CIVIL Judge and JMFC at Anekal in P F. No. 134/2023 for interim custody of petitioner in the interest of justice and equity." 2. After arguing the matter for some time, learned counsel for the Petitioner submits that against the impugned common orders dated 11.01.2024 passed by the trial Court, the Respondent No.2 has also filed Crl.RP No.5002/2024 which is currently pending before the Sessions Court. - 3 - HC-KAR NC: 2025:KHC:24967 CRL.P No. 1752 of 2024 3. It is submitted that the present Petition may be disposed off as withdrawn reserving liberty in favour of the Petitioner to file a separate Revision Petition before the Sessions Court which may be directed to take up both the revision Petitions and dispose off the same together in accordance with law. 4. The submission is placed on record. 5. In view of the above, Petition is disposed off as withdrawn, reserving liberty in favour of the Petitioner to file a separate revision petition against the common orders dated 11.01.2024 passed by the trial Court in CC No.9311/2023, If the Petitioner files such a revision petition within four weeks from today, the Petitioner would be entitled to the benefit of Section 14 of the Limitation Act. In addition thereto, the Sessions Court before whom criminal revision petition is pending, is directed to dispose off both the said Crl.RP No.5002/2024 which is filed by the - 4 - HC-KAR NC: 2025:KHC:24967 CRL.P No. 1752 of 2024 Respondent No.2 and the Revision Petition to be filed by the Petitioner in accordance with law within a period of two months from the date of receipt of copy of this order. Registry to return back all the papers back to the Petitioner forthwith without out any delay. Subject to the aforesaid liberty, reserved in favour of the Petitioner, petition stands disposed off. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 1 Sl No.: 4 CT: BHK