- 1 - HC-KAR NC: 2025:KHC:20414 WP No. 16538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16538 OF 2025 (GM-POLICE) BETWEEN: 1. SHASHIDHARA H M S/O. MALLAPPA REDDY AGED ABOUT 50 YEARS R/AT. NO. 17/18 MOULYA MANDARA SADANA HARIHARA B BLOCK, CHANNABASAPPA LAYOUT VIDYANAGAR, DAVANGERE DIST - 577601. …PETITIONER (BY SRI. NAGARAJA NAIDU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE - 577006 2. THE CIRCLE INSPECTOR MALEBENNUR POLICE STATION HARIHARA TALUK DAVANAGERE DIST-577601 3. THE SUB-INSPECTOR MALEBENNUR POLICE STATION Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20414 WP No. 16538 of 2025 HARIHARA TALUK DAVANAGERE DIST-577601. …RESPONDENTS (BY MS. YASHODHA K. P, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE IMPUGNED ENDORSE DATED 22.05.2025 ISSUED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE - E; DIRECTING THE 3RD RESPONDENT TO CONSIDER THE 1 RESPONDENT ORDER DATED 19.05.2025 VIDE ANNEXURE -D AND RELEASE THE VEHICLE SEIZED IN CR.NO. 103/2025 BY THE MALEBENNUR POLICE STATION, DURING THE COURSE OF INVESTIGATION, THE RESPONDENT POLICE HAVE SEIZED THE FOLLOWING VEHICLE IN RESPECT OF 1 VEHICLE WHICH IS LORRY BEARING REGISTRATION NO. KA- 17-AB-1423 AND SAID VEHICLE IS SUBJECTED UNDER PF. NO. 49/2025 BY TAKING THE SURETY / INDEMNITY BOND. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has called in question the validity of the action of the 3rd respondent who has rejected the plea of the petitioner for release of the vehicle. The petitioner had made such request on the basis of the order of the Deputy Commissioner, copy of which is produced at Annexure-D. - 3 - HC-KAR NC: 2025:KHC:20414 WP No. 16538 of 2025 Conditions for release have also been imposed by the Deputy Commissioner and release has been ordered. 2. The release is subject to final orders of the proceedings pending before the Deputy Commissioner. The order at Annexure-D would reveal that the grant of custody is in the nature of interim custody. Once such order is passed in the pending proceedings before the Deputy Commissioner, the question of the Police Authorities, not permitting such release would run contrary to the order passed by the Deputy Commissioner. Insofar as other proceedings under the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016, petitioner has approached this Court in Crl.P.No.6489/2025 and has obtained an order of stay of proceedings. If that were to be so, question of police retaining the vehicle with reference to the criminal proceedings also does not arise. - 4 - HC-KAR NC: 2025:KHC:20414 WP No. 16538 of 2025 3. Accordingly, petition is allowed. The action of the 3rd respondent in issuing endorsement is declared to be illegal and the 3rd respondent is to release the vehicle strictly in terms of the order dated 19.05.2025 and in terms of the conditions imposed without imposing any fresh conditions. Such action to be completed within a period of one week from the date of receipt of certified copy of this order. Sd/- (S SUNIL DUTT YADAV) JUDGE VP