- 1 - NC: 2025:KHC:17968 WP No. 13248 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13248 OF 2025 (GM-POLICE) BETWEEN: MANAPPURAM FINANCE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT MANAPURAM HOUSE, A.O.VALAPAD TRISSUR DISTRICT, KERALA – 680 567 HAVING ITS BRANCH OFFICE AT KADUR BRANCH, CHIKMAGALURU BENGALURU, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. SACHINGAUTHAM S., …PETITIONER (BY SRI VIGNESH S. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001. 2. THE STATION HOUSE OFFICER/ POLICE SUB-INSPECTOR KADUR POLICE STATION CHIKMAGALURU, KARNATAKA – 577 548. …RESPONDENTS (BY SRI RAHUL CARIAPPA K. S., AGA) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17968 WP No. 13248 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIION OF INDIA PRAYING TO DECLARE THAT THE INTERFERENCE BY THE RESPONDENTS IN PETITIONERS BUSINESS FOR FORCEFULLY SEIZING THE GOLD ARTICLES PLEDGED BY IT COSTUMERS IS ARBITRARY AND IS IN VIOLATION OF FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLE 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sir Vignesh Shetty, learned counsel for the petitioner and Sri Rahul Cariappa, learned Additional Government Advocate for the respondents. 2. Both the learned counsel in unison, would submit that this Court in similar circumstance has taken a consistent view in W.P.No.13958/2023, disposed on 10.07.2023. 3. The order dated 10.07.2023 passed in W.P.No.13958/2023, reads as follows: "The grievance of the petitioner is as to police seizing certain gold articles on the suspicion of the same being involved in a crime. Learned counsel for the petitioner submits that his client's company has been running the business inter alia of selling & buying of gold ornaments. If the said articles are bought bona fide, the police cannot barge into the premises and take away the same - 3 - NC: 2025:KHC:17968 WP No. 13248 of 2025 on the pretext that they are needed for investigation in some offence. 2. Petitioner has moved an application in I.A. No.1/2023 supported by an affidavit seeking leave of the Court stating certain new facts that have happened after the filing of petition. The said application is heard along with the main matter as if it is a part of the pleadings and this has been done with the consent of Bar. 3. Learned AGA appearing for the respondent opposes the petition inter alia contending that investigation has been explained by the Apex Court in M.T.ENRICA LEXIE vs. DORAMMA, (2012) 6 SCC 760 at Paragraph 14, as under: "The police officer in course of investigation can seize any property under Section 102 if such property is alleged to be stolen or is suspected to be stolen or is the object of the crime under investigation or has direct link with the commission of offence for which the police officer is investigating into. A property not suspected of commission of the offence which is being investigated into by the police officer cannot be seized. Under Section 102 of the Code, the police officer can seize such property which is covered by Section 102(1) and no other." That being the position, no fault can be attributed to the jurisdictional police in seizing the articles and retaining the same, subject to outcome of the investigation/trial. 4. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant conditional indulgence in the matter to the effect that the seized articles be restored to the petitioner after taking videograph & photographs of the same provided that petitioner furnishes an undertaking to produce the same if & when needed by the police or court in the enquiry, investigation or in the trial of the proceedings. The said articles shall not be converted, pledged or sold or otherwise disposed off till after and subject to outcome of the criminal case concerned. This would do justice to both the sides. With the above observations, this writ petition is disposed off directing the police to restore the seized - 4 - NC: 2025:KHC:17968 WP No. 13248 of 2025 articles to the petitioner forthwith; if other articles are needed, then also the same procedure shall be followed. If the articles are already produced before the jurisdictional court, the learned Magistrate is requested to release the same in favour of the petitioner subject to the terms hereinabove mentioned and such other usual terms. Costs made easy." The aforesaid order passed by the co-ordinate bench of this Court is in fact followed by this Court in plethora of cases concerning the very petitioner – Manappuram Finance. Therefore, the petitioner is entitled to the same relief that is granted in the afore-quoted judgment. 5. In the light of the relief granted supra by the Co- ordinate bench in the aforesaid petition, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 141 CT:SS