- 1 - NC: 2025:KHC:3473 CRL.P No. 3799 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3799 OF 2024 BETWEEN: MANAPPURAM FINANCE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY IS REPRESENTED BY IT AREA HEAD AT TUMKUR, ASHOK E., HAVING ITS BRANCH OFFICE AT RAGHAVENDRA NAGAR, TUMKUR - 572 102. …PETITIONER (BY SRI. ANISH JOSE ANTONY., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS STATION HOUSE OFFICER, JAYANAGAR POLICE STATION, SHETTIHALLI MAIN RD, OPP. HMS COLLEGE, DASAPPA GARDEN, TUMAKURU, KARNATAKA - 572 102. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3473 CRL.P No. 3799 of 2024 2. V. N. RAJENDRA PRASAD, S/O NANJAPPA, AGED ABOUT 43 YEARS, R/AT NEAR WATER TANK, VEDALAVENI, THONDEBHAVI, GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 561 213. …RESPONDENTS (BY SRI.TEJESH, HCGP FOR R1; SRI.KUMARA, ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO 1) SET ASIDE THE ORDER PASSED BY THE 6TH ADDL. DISTRICT AND SESSIONS JUDGE AT TUMKURU IN CRIMINAL REVISION PETITION NO.17/2024 DATED 14.03.2024; 2) SET ASIDE THE ORDER DATED 02.01.2024 PASSED BY THE IV ADDL. CIVIL JUDGE AND JMFC-III COURT AT TUMAKURU IN C.C.NO.7012/2023 AND CONSEQUENTLY ALLOWING THE APPLICATION FILED BY THE 2ND RESPONDENT (BY SEPARATE ORDERS DATED 02.01.2024 AND 19.01.2024) AND 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 In this petition, petitioner seeks for the following reliefs: (i) Set aside the order passed by the 6th Additional District Session's Judge at Tumkuru in Criminal Revision Petition No.17/2024 dated 14.3.2024 in the interest and justice and equity; - 3 - NC: 2025:KHC:3473 CRL.P No. 3799 of 2024 (ii) Set aside the order dated 02.01.2024 passed by the IV Additional Civil judge and JMFC, C/C at Tumakuru in CCNo.7012/2023 and consequently allowing the application filed by the 2nd Respondent (by separate orders dated 02.01.2024 and 19.01.2024) in the interest and justice and equity; (iii) Allow the application filed by the petitioner under section 451 read with 457 of CrPC for releasing gold articles seized in PF NO 118/2023 in CC No.7012/2023 before the Hon'ble IV Additional Civil judge and JMFC-III Court at Tumakuru and grant such other and further relief's as this Hon'ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice. 2. Heard learned counsel for petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and proper to dispose off this petition by directing the learned Magistrate before whom C.C.No.7012/2023 is pending, to dispose of the proceedings within a period of 6 months from the date of receipt of a copy of this order. - 4 - NC: 2025:KHC:3473 CRL.P No. 3799 of 2024 4. In the result, I pass the following: Order i) The petition is hereby disposed off. ii) The trial court is directed to dispose off C.C.No.7012/2023 within a period of 6 months from the date of receipt of a copy of this order. iii) All rival contentions on all the aspects of the matter, including the request of the petitioner for release of the articles, are kept open and no opinion is expressed on the same. iv) It is further directed that after conclusion of the proceedings in C.C.No.7012/2023, the trial court shall consider the application for final custody of the articles to be filed by the petitioner herein, within a period of one month from the date of final disposal, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE RD