- 1 - NC: 2025:KHC:14 CRL.P No. 14244 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14244 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: BODDAPATI SUDHA RANI C/O BODDAPATI TEJA KIRAN, AGED ABOUT 23 YEARS, R/AT NO. 4/130, SRINIVAS NAGAR, VALASAPAKALA, VAKALAPUDI, KAKINADA (RURAL) ANDRA PRADESH - 533 005. …PETITIONER (BY SRI. HONNUR ALI.,ADVOCATE) AND: THE STATE BY HOSAKOTE POLICE REP BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU – 560 009. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO PASS AN ORDER TO RELEASE THE VEHICLE (CAR) BEARING NO.AP-31 DT 5565, WHITE COLOUR HUNDAI CAR I.E HONDA-V-1.2 VX MT (1-VTEC) BSIV VIDE ENGINE NO.L12B430002753 WHICH IS ITEM NO.4 FROM POSSESSIONS OF THE ACCUSED IN CR.NO.266/2024 AND SUBJECTED TO IN PF NO.133/2024 WAS SEIZED ON 17.08.2024 BY THE RESPONDENT HOSAKOTE POLICE FOR THE OFFENCE P/U/S 20(b)(ii)(B) OF NDPS ACT 1985 IN CR.NO.266/2024 AND THE SAID CASE IS STILL PENDING BEFORE THE HONBLE VIII ADDL.DISTRICT AND SESSIONS JUDGE AND SPL.JUDGE FOR NDPS CASES BENGALURU RURAL DISTRICT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:14 CRL.P No. 14244 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “To pass an order to release the vehicle (car) bearing no.AP-31 DT 5565, White Colour Hundai Car i.e Honda-V-1.2 VX MT (1-VTEC) BSIV vide engine No.L12B430002753 which is item no.4 from possession of the accused in Crime No.266/2024 and subjected to in PF No.133/2024 was seized on 17.08.2024 by the respondent Hosakote Police for the offences punishable under Section 20(b)(ii)(B) of NDPS Act 1985 in Crime No.266/2024 and the said case is still pending before the Hon’ble VIII Additional District and Sessions Judge and Special Judge for NDPS cases Bengaluru Rural District at Bengaluru.” 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the subject vehicle of the petitioner bearing registration No.AP-31 DT- 5565 was seized by the respondent in Crime No.266/2024 on 17.08.2024 and subjected to in PF No.133/2024 for the offences punishable under Sections 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Subsequently, the - 3 - NC: 2025:KHC:14 CRL.P No. 14244 of 2024 respondent-Police having filed the charge sheet before the Sessions Court, the petitioner filed the application under Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking release/custody of the vehicle. 4. The said application having been opposed by the respondent, the Sessions Court proceeded to pass the impugned order dated 07.12.2024 rejecting the application on the ground that the said vehicle was required for the purpose of trial. Aggrieved by the impugned order passed by the Sessions Court, seeking necessary directions for release of the vehicle, the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record will indicate that the Sessions Court has rejected the application on the ground that the said vehicle was required for the purpose of identification during the trial. In these circumstances, learned counsel for the petitioner submits that the petitioner is ready to abide by the terms and conditions to be imposed by this Court for the purpose of securing release of the vehicle and necessary safe guards may be imposed upon the petitioner as held by the Hon’ble Apex Court in the case - 4 - NC: 2025:KHC:14 CRL.P No. 14244 of 2024 of Sunderbhai Ambalal Desai & Ors. Vs. State of Gujarat1. It is therefore submitted that the petition may be allowed. 6. Per contra, learned HCGP would oppose the submission of learned counsel for the petitioner and submits that the same is liable to be dismissed. 7. A perusal of the impugned order will indicate that as stated supra, the sole ground on which the Sessions Court rejected the petition is by coming to the conclusion that the subject vehicle was required for identification during the trial. However, having regard to the fact that if the custody of the vehicle continues to remain with the respondent-Police, the value of the vehicle would depreciate and by imposing necessary safe guards, I deem it just and appropriate to allow the petition by directing release of the vehicle by imposing certain conditions. 8. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. 1 AIR 2003 SC 638 - 5 - NC: 2025:KHC:14 CRL.P No. 14244 of 2024 (ii) Respondents are directed to release the vehicle bearing registration No.AP-31-DT-5565 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 Sessions court during the trial. (d) That the petitioner shall not alter, change or modify any part of the subject vehicle including 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, - 6 - NC: 2025:KHC:14 CRL.P No. 14244 of 2024 respondents shall take necessary photographs and videographs of the vehicle from all angles for the purpose of future use. (f) Respondents shall prepare the panchanama of the vehicle prior to its release. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 11