- 1 - NC: 2025:KHC:4020 CRL.A No. 1322 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 1322 OF 2024 BETWEEN: KUSHALA ANURAJ N, D/O NAGARAJAIAH B.N, AGED ABOUT 22 YEARS, R/AT 573, SURYODAYA LAYOUT, RAJANUKUNTE, BENGALURU - 560 064. …APPELLANT (BY SRI. M. SHASHIDHARA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJANUKUNTE P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. 2. NAGARAJAIAH B.N, S/O NARASIMHAIAH, AGED 46 YEARS, R/AT NO.573, SURYODAYA LAYOUT, RAJANUKUNTE, HESARAGHATTA HOBLI, BENGALURU NORTH - 560 064. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. MANOHAR V, ADVOCATE FOR R2) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4020 CRL.A No. 1322 of 2024 THIS CRL.A IS FILED U/S 454 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 02.05.2024 PASSED UNDER SECTION 452 CR.P.C. BY THE HONBLE IV ADDL. DIST. AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SITTING AT DODDABALLAPURA IN S.C.NO.127/2012 WHICH WAS REGISTERED FOR OFFENCE P/U/S 302 OF IPC AND KINDLY PASS SUCH OTHER ORDERS THAT, THIS HONBLE COURT DEEMS FIT IN CIRCUMSTANCES OF THE CASE BY ALLOWING THIS APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard. 2. Appellant and respondent No.2 are present. 3. Appellant is seeking return of gold articles seized in the case marked as Material Object Nos.4 to 8. Respondent No.2 has no objection for return of the Material Object Nos.4 to 8 in favour of the appellant. 4. Joint memo is filed in this regard. Same is signed by appellant, respondent No.2 and learned Advocates for the appellant and respondent No.2. An affidavit is also filed by respondent No.2 in this regard. - 3 - NC: 2025:KHC:4020 CRL.A No. 1322 of 2024 5. Learned High Court Government Pleader submits that suitable orders be placed in view of the joint memo and affidavit filed by respondent No.2. 6. Accordingly, the following: ORDER i. Appeal is allowed. ii. Order of the learned Trial Judge is set aside and consequently, Material Object Nos.4 to 8, is ordered to be returned to the appellant under due identification. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 11 CT: BHK