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2025 DAILYLAW 22981 (KAR)

SRI RASHEED SAHEB, v. STATE BY MANGALURU WOMEN POLICE STATION,

CRL.P/5142/2025 · 2025-04-15

Hemant Chandangoudar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15553 CRL.P No. 5142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5142 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI RASHEED SAHEB, S/O SHEIK YUSUF SAHEB AGED ABOUT 76 YEARS, R/AT D. NO 17-14-1111/14, FLAT NO.403, 4TH FLOOR, DE-MANARA APARTMENT, KAPRIGUDDA, MANGALURU, DAKSHINA KANNADA DISTRICT-575 001. …PETITIONER (BY SRI. JEEVAN K., ADVOCATE) AND: STATE BY MANGALURU WOMEN POLICE STATION, MANGALURU WOMEN POLICE STATION, MANGALURU-575 001 REPRESENTED BY HCGP HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 28.02.2025 PASSED BY THE J.M.F.C III COURT MANGALURU IN CR.NO.113/2024 VIDE ANNEUXRE-A THEREBY TO ALLOW THE APPLICATION DATED 05.12.2024 FILED BY THE PETITIONER UNDER SECTION 503 OF BNSS ACT VIDE ANNEXURE-B ON THE FILE OF J.M.F.C III COURT MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15553 CRL.P No. 5142 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for the respondent. 2. The car belonging to the petitioner was seized in relation to Crime No.0113/2024, which was registered for offences punishable under Sections 74, 75, 115(2), 352, 351(2), and 79 of the BNS Act, 2023. 3. A coordinate Bench of this Court, vide order dated 27.01.2024, granted an interim order staying further investigation in Crl.P No.13780/2024. 4. The petitioner’s grievance is that the Trial Court has not considered the application filed under Section 503 of the BNS Act, 2023, for the release of the car, which was seized by the police during the investigation. 5. Accordingly, the petition is allowed. Trial Court to consider the application filed under Section 503 of BNSS, 2023, and pass an appropriate order in accordance with law within two weeks from the date of receipt of a copy of this order. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM/List No.: 3 Sl No.: 36