- 1 - NC: 2025:KHC:1067 CRL.P No. 7511 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7511 OF 2024 BETWEEN: SMT. HAMSAVENI, W/O N. SUBRAMANI, AGED ABOUT 44 YEARS, RESIDING AT NO. 04, 3RD CROSS, SRINIVAGILU, BANGALORE - 560 047. …PETITIONER (BY SRI. R. SHASHI KUMAR, ADVOCATE) AND: STATE OF KARNATAKA BY AMRUTHUR POLICE, KUNIGAL TALUK, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. M. M. WAHEEDA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE PRL. SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL IN CR.NO.9/2024 DATED 26.02.2024 AND ORDER TO RELEASE THE CAR MAHINDRA SCORPIO VLX BEARING REGISTRATION NO.KA-05-MF-8355 REPORTED IN PF NO.13/2024 TO THE INTERIM CUSTODY TO THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1067 CRL.P No. 7511 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the applicant in Cr.No.9/2024 pending on the file of Principal Senior Civil Judge and JMFC, Kunigal is directed against the impugned order dated 26.02.2024, whereby the application filed by the petitioner under Section 457 read with Section 451 of Cr.P.C. for releasing of the subject vehicle bearing No.KA-05-MF-8355 was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned High Court Government pleader for respondent No.1 and perused the material on record. 3. A perusal of the material on record would indicate that Kumari. Pooja, respondent No.2 in W.P.No.4279/2024 filed a complaint against Lakshmana and others which was registered as FIR in Cr.No.9/2024 for the offence punishable under Sections 323, 354, 504, 506 and 149 of IPC on the file of the learned Magistrate. 4. The said accused persons having challenged the same in W.P.No.4279/2024, this Court passed an interim order of stay dated 13.02.2024 and the said matter is pending before this Court. - 3 - NC: 2025:KHC:1067 CRL.P No. 7511 of 2024 Subsequently, Smt. Hamsaveni, petitioner in Crl.P.No.7511/2024 being the owner of the subject vehicle filed the instant application seeking release of the said vehicle and the same was rejected by the learned Magistrate on the main ground that there is an interim order of stay in W.P.No.4279/2024. Aggrieved by the impugned order of the learned Magistrate, the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record would indicate that the petitioner Smt. Hamsaveni is not arrayed as an accused in the aforesaid Cr.No.9/2024 and consequently, merely because there is an interim order of stay in W.P.No.4279/2024, the said circumstance could not have been made basis by the learned Magistrate to refuse release of the vehicle, which is otherwise permissible under Sections 451 and 457 of Cr.P.C. 6. Under these circumstances, I am of the considered opinion that the impugned order dated 26.02.2024 deserves to be quashed and the application filed by the petitioner deserves to be allowed by imposing certain conditions. - 4 - NC: 2025:KHC:1067 CRL.P No. 7511 of 2024 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) Respondent is directed to release the vehicle bearing registration No.KA-05-MF-8355 in favour of the petitioner forthwith without any delay, subject to the following conditions: (a) That the petitioner shall execute an indemnity bond for a sum of Rupees Two Lakhs only (`2,00,000/-) and furnish one surety for the likesum. (b) That the petitioner shall not alienate, encumber or create third party rights over the subject vehicle for a period of three months from today. (c) That the petitioner shall produce the subject vehicle as and when called for by the Trial Court during the trial. (d) That the petitioner shall not alter, change or modify any part of the subject vehicle including - 5 - NC: 2025:KHC:1067 CRL.P No. 7511 of 2024 chassis, engine number, colour of the vehicle, etc., in any manner whatsoever. (e) It is further directed that before release of the subject vehicle in favour of the petitioner, respondent shall take necessary photographs and videographs of the vehicle from all angles for the purpose of future use. (f) Respondent shall prepare the panchanama of the vehicle prior to its release. Sd/- (S.R.KRISHNA KUMAR) JUDGE MCR List No.: 1 Sl No.: 32 CT: BHK