- 1 - NC: 2025:KHC-D:3137 WP No. 100559 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 100559 OF 2025 (GM-RES) BETWEEN: SHRI. VIJAY S/O. BASAPPA HUKKERI AGE. 20 YEARS, OCC. STUDENT, R/O. ANKALAGUDDAKSHETRA, TQ. HUKKERI, DIST. BELAGAVI-591120. …PETITIONER (BY SRI. ROHIT NAGESH LATUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY YAMAKANMARDI POLICE STATION, (R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011). 2. SHRI. SIDDAPPA S/O. BALAPPA HEBBAL AGE. 44 YEARS, OCC. FARMER, R/O. ANKALAGUDDAKSHETRA, TQ. HUKKERI, DIST. BELAGAVI-591120. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC.528 OF BNSS, PRAYING TO, A WRIT IN THE NATURE OF CERTIORARI AND BY EXERCISING THE POWER ENSHRINED UNDER S. 528 BNSS, 2023, THE HON'BLE COURT BE PLEASED TO QUASH THE IMPUGNED ORDER DATED 20TH DECEMBER 2024 PASSED BY THE LEARNED ADDL DISTRICT AND SESSION JUDGE FTSC-I BELAGAVI IN CRL. MISC. NO.1290/2024 PENDING ON THE FILE BEFORE THE LEARNED TRAIL COURT IN SPL. CASE NO.316/2023 VIDE ANNEXURE H, IN THE INTEREST OF JUSTICE AND EQUITY AND EQUITY AND ETC. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:35 +0530 - 2 - NC: 2025:KHC-D:3137 WP No. 100559 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the order passed by the learned Sessions Judge, in which the application for the release of the petitioner’s mobile phone was rejected. 2. The petitioner, who is facing trial for offences punishable under Section 376(2)(n) of the IPC, Sections 4, 5(L), and 6 of the Protection of Children from Sexual Offences Act, 2012, and Sections 9 and 10 of the Child Marriage Restraint Act, read with Section 34 of the IPC, is before this Court. 3. The petitioner filed an application under Sections 451/457 of the Cr.P.C. to secure the release of his mobile phone. The prosecution had seized the mobile phone on the basis that it allegedly contained explicit photographs of the survivor. However, it is admitted that no such photographs are present in the mobile phone, and the prosecution has not made any attempt to retrieve audio/ video evidence from the mobile phone to substantiate its claim. In view of these facts, the petitioner has established a prima facie case for the release of his mobile phone. 4. Accordingly, the petition is allowed. The impugned order dated 20.12.2024, passed in Crl.Misc.No.1290/2021 by the learned Additional District and Sessions Judge, FTSC-1, Belagavi, is hereby quashed. The application filed under Sections 451/457 of the Cr.P.C. for the release of the mobile phone is allowed, subject - 3 - NC: 2025:KHC-D:3137 WP No. 100559 of 2025 to the petitioner executing a personal bond for a sum of Rs.10,000/- with a solvent surety for the same amount, to the satisfaction of this Court, and creating a charge on the property provided as surety for the release of the mobile phone. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 38