- 1 - HC-KAR NC: 2025:KHC-D:14159 WP No. 107737 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107737 OF 2025 (GM-POLICE) BETWEEN: MANAPPURAM FINANCE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT MANAPPURAM HOUSE, A.O. VALAPAD, TRISSUR DISTRICT, KERALA -680 567 HAVING ONE OF ITS BRANCH AT HARAPPANAHALLI, TQ. HARAPPANAHALLI, DIST. VIJAYANAGARA, REP BY AUTHORISED SIGNATORY AND BRANCH MANAGER, MR. KRISHNA HALEMANI. …PETITIONER (BY SRI. GIRISH V. BHAT,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE POLICE SUB-INSPECTOR HARAPPANAHALLI POLICE STATION TQ. HARAPPANAHALLI, DIST. VIJAYAPURA, KARNATAKA – 586 101. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR RESPONDENT/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO ISSUE QUASH THE NOTICE DATED 10.10.2025 ISSUED U/S 94 OF THE BNSSS ADDRESSED TO MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN, BY THE RESPONDENT NO 2, FURNISHED AS ANNEXURE-E. ISSUE A DIRECTION IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.2 NOT TO TAKE ANY COERCIVE ACTION AGAINST THE PETITIONER BANK AND ITS OFFICERS IN PURSUANT TO NOTICE DATED 10.10.2025 FURNISHED AS ANNEXURE-E AND ETC., Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14159 WP No. 107737 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by the Coordinate Bench of this Court in W.P. No.27479 of 2025 on 18th September 2025. The Coordinate Bench held as follows: “The petitioner, a company incorporated as a non-banking financial corporation, apprehends the possibility of the jurisdictional police [the second respondent] seizing jewellery pledged by its borrower. The petitioner seeks for declaration that the jewellery cannot be seized unless there is compliance with due procedure under Section 107 of the Bharatiya Nagarik Surkasha Sanhit, 2023 [for short, 'BNSS']. 2. Mr. Anish Jose Antony, the learned counsel for the petitioner, submits that the petitioner reasonably apprehends seizure and disposal of the seized jewellery because of the complaint filed by Mr. Praveen Kumar despite stating that he had seen the cupboard with the jewellery on 01.08.2025, but the second respondent has issued notice for production of jewellery pledged even much prior to such date. 3. Mr Rahul Cariappa, the learned Additional Government Advocate, who is called - 3 - HC-KAR NC: 2025:KHC-D:14159 WP No. 107737 of 2025 upon to accept notice for the respondents, is heard in the light of this grievance and on the perusal of records. This Court cannot enter into merits of the petitioner's grievance at this stage, but what remains beyond dispute is that if there is any reason for seizure of jewellery from the petitioner’s custody, it must be in due compliance with the procedure contemplated under Section 107 of BNSS and with a reasonable opportunity to the petitioner to avail remedy under Section 497 of BNSS. 4. This Court must further opine that under no circumstance, the second respondent can, if any jewellery is seized from the petitioner's custody on the basis of the complaint by Mr. Praveen Kumar, hand over the custody to any unless there are due orders from the concerned Court. The petition stands disposed of with observation and liberty as afore.” 2. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 2 Sl No.: 6