- 1 - NC: 2025:KHC:8752 CRL.P No. 2676 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2676 OF 2025 BETWEEN: SRI. SADASHIVAIAH S/OLATE SIDDANAJANAPPA AGED ABOUT 62 YEARS R/ATKOTTANAHALLI VILLAGE BELLAVI HOBLI TUMAKURU TALUK TUMAKURU DISTRICT 572107 …PETITIONER (BY SRI. V B SIDDARAMAIAH., ADVOCATE) AND: THE STATE OF KARNATAKA BY TUMAKURU RURAL POLICE STATION TUMAKURU DISTRICT 572101 REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 560001 …RESPONDENT (BY SRI. THEJESH P., HCGP FOR RESPONDENT) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 07.02.2025 PASSED BY THE 6TH ADDL. DISTRICT AND SESSIONS JUDGE, AT TUMAKURU, IN CRL.MISC.NO.147/2025 FILED BY THE PETITIONER U/S 451 AND 457 OF CRPC, IN SC.NO.147/2024 (CR.NO.116/2024) REGISTERED BY THE RESPONDENT TUMAKURU RURAL PS. FOR THE OFFENCES U/S 302, 379 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8752 CRL.P No. 2676 of 2025 ORAL ORDER This petition by the petitioner in Crl.Misc.No.147/2025 is directed against the impugned order dated 07.02.2025 passed by the Sessions Court whereby, the application in the said petition filed by the petitioner under Section 451 read with Section 457 of Cr.P.C read with Section 503 of BNSS 2023 seeking custody of the gold chain was rejected by the Sessions Court. 2. Heard learned counsel for the parties and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is the son of one Siddananjappa, who was alleged/said to have murdered and during the course of investigation, the respondent - Police Authorities are said to have recovered a gold chain from him. Subsequently, the petitioner filed the instant petition in Crl.Misc.No.147/2025 under Section 451 read with Section 457 of Cr.P.C read with Section 503 of BNSS 2023 seeking release of the said gold chain by inter alia contending that he is ready to abide by the terms and conditions imposed by this Court. The said proceedings pursuant to the demise of Sri. Siddananjappa, are pending in Spl.C.No.147/2024 arising out of Crime No.116/2024 for the offences punishable under Sections 302 - 3 - NC: 2025:KHC:8752 CRL.P No. 2676 of 2025 and 379 of IPC. The said petition having been opposed by the respondent - Police Authorities, Sessions Court proceeded to pass the impugned order rejecting the petition on the ground that the said gold chain was required for the purpose of investigation. 3. Learned counsel for the petitioner submits that if the gold chain is released in favour the petitioner, he would be ready to abide by the terms and conditions to be imposed by this Court in this regard and would not claim any equities. 4. Submission is placed on record. 5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to set aside the impugned order and allow Crl.Misc.No.147/2025 and direct release of the gold chain in favour of the petitioner by imposing certain conditions. 6. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) Respondent is directed to release the gold chain in favour of the petitioner forthwith without any delay, subject to the following conditions: - 4 - NC: 2025:KHC:8752 CRL.P No. 2676 of 2025 (a) That the petitioner shall execute an indemnity bond for a sum of Rupees Two Lakhs only (`2,00,000/-) and furnish one surety for the likesum. (b) That the petitioner shall not alienate, encumber or create third party rights over the subject gold chain for a period of three months from today. (c) That the petitioner shall produce the subject gold chain as and when called for by the Sessions court during the trial. (d) That the petitioner shall not alter, change or modify the subject gold chain in any manner whatsoever. (e) It is further directed that before release of the subject gold chain in favour of the petitioner, respondent shall take necessary photographs and videographs of the gold chain from all angles for the purpose of future use. - 5 - NC: 2025:KHC:8752 CRL.P No. 2676 of 2025 (f) Respondent shall prepare the panchanama of the gold chain prior to its release. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB