- 1 - NC: 2025:KHC:10567 CRL.RP No. 1363 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL REVISION PETITION NO. 1363 OF 2024 BETWEEN: SRI. RAJAPPA S/O. MUNISWAMY REDDY, AGED ABOUT 38 YEARS, R/AT NO. 343, VINAYAKANAGAR, ANEKAL, JIGANI, BANGALORE-560 009. …PETITIONER (BY SMT. USHA M.S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY AVALAHALLI POLICE STATION, BANGALORE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, AT BANGALORE-560 001. 2. M/S. TATA CAPITAL FINANCIAL COMPANY LIMITED REPRESENTED BY ITS MANAGER, AT 82/1, 2ND FLOOR, KRISHNA TOWER, RICHMOND TOWN, BANGALORE-560 025. …RESPONDENTS (BY SRI. VENKAT SURYANARAYAN.A, HCGP FOR R1; SRI. CHANDRASHEKAR.N, ADVOCATE FOR R2) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:10567 CRL.RP No. 1363 of 2024 THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 19.02.2024 PASSED BY THE HONBLE 6TH ADDITIONAL DISTRICT JUDGE, BANGALORE IN SC.NO.280/2023, FOR THE OFFENCES P/U/S 376, 420, 406,384, 506,201,114 R/W 34 OF IPC AND 66(E) OF IT ACT AND DIRECT THE HONBLE COURT TO RELEASE THE SAID MARUTHI CIAZ CAR IN FAVOR OF THE PETITIONER BY ALLOWING THE REVIEW PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORDER Petitioner in his capacity as the Registered owner of Maruti Ciaz car bearing registration No.KA–03–MX–9419, has filed this petition under Section 397 r/w 401 Cr.P.C to release the said vehicle to his interim custody pending disposal of SC.No.280/2023 on the file of VI Addl.District & Sessions Judge, Bengaluru Rural District. 2. In support of the petition, the petitioner has contended that he is the registered owner of the vehicle in question. He purchased the same by availing loan from M/s TATA Capital Financial Services Private Ltd and hypothecated the same. He was defaulter in paying instalments. The vehicle was seized by the concerned - 3 - NC: 2025:KHC:10567 CRL.RP No. 1363 of 2024 police on the allegation that it was used for commission of the offence. M/s TATA Capital Financial Services Private Ltd company filed application under Section 451 r/w 457 Cr.P.C for release of the vehicle to its interim custody. The said application came to be allowed on 19.02.2024. In the meanwhile, petitioner paid the entire instalments and therefore, he is entitled for the release of the vehicle to his interim custody. He is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial court. 3. Learned counsel for respondent No.2 - M/s TATA Capital Financial Services Private Ltd submitted that he has no objection to allow the petition. 4. Heard arguments and perused the record. 5. Based on the complaint filed by the father of the prosecutrix and after detailed investigation charge sheet came to be filed against accused Nos.1 and 2 for the offences punishable under Sections 506, 201, 376, 384, - 4 - NC: 2025:KHC:10567 CRL.RP No. 1363 of 2024 406, 420, 114 r/w 34 IPC. During the investigation, the police official who arrested accused No.1 has produced the vehicle in question, on the allegations that it was used for committing the alleged offences. Accordingly, the investigating officer has seized the same through mahazar. However, petitioner is not cited as a witness in the charge sheet. 6. Even though the petitioner has filed the petition seeking interim custody of the vehicle on the ground that he is the registered owner, unfortunately, learned counsel for petitioner has not produced the registration certificate of the vehicle to show his ownership. However, in the order dated 19.02.2024, passed by the trial Court on the application filed by the hirer of the vehicle, viz., M/s TATA Capital Finance Services Private Ltd, it is stated that petitioner Rajappa is the registered owner of the vehicle in question. Since he had defaulted in payment of the instalments, the financer claimed interim custody. At the said stage, petitioner submitted no objections to allow the - 5 - NC: 2025:KHC:10567 CRL.RP No. 1363 of 2024 application filed by the financer. However, subsequent to the payment of the entire instalments, now the petitioner is claiming its interim custody. In fact, learned counsel representing respondent No.2 - the financer submitted that he has no objections to allow this petition. 7. There are no allegations that petitioner is also involved in the offences in question. Therefore, there is no impediment to release the same to the interim custody of the petitioner, subject to conditions. If the vehicle is kept idle without use, exposed to vagaries of the nature, its value would be reduced. For these reasons, this Court is of the considered opinion that petitioner is entitled for interim custody of the vehicle in question and accordingly the following: ORDER (i) Petition filed by the petitioner under Section 397 r/w 401 Cr.P.C is allowed. (ii) The impugned order dated 19.02.2024 ordering release of the vehicle in question - 6 - NC: 2025:KHC:10567 CRL.RP No. 1363 of 2024 in favour of M/s TATA Capital Financial Services Private Ltd, in SC.No.280/2023, on the file of VI Addl.District and Sessions Judge, Bengaluru Rural District is set aside. (iii) Maruti Ciaz car bearing registration No. KA-03-MX-9419 is ordered to be released to the interim custody of the petitioner with the following: CONDITIONS 1. Petitioner shall execute an indemnity bond for a sum of ₹4 lakhs with one surety for the likesum to the satisfaction of the trial Court. 2. Petitioner shall not change its colour or identity, nor shall he sell or dispose of, pending disposal of the SC.No.280/2023, on the file of VI Addl.District and Sessions Judge, Bengaluru Rural District. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 20