- 1 - NC: 2025:KHC:8494 WP No. 5517 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5517 OF 2025 (GM-RES) BETWEEN: MR SUBBAREDDY B S/O VENKATA SUBBAREDDY BHUMIREDDY AGED ABOUT 53 YEARS R/AT NO. 107 -H FLAT NO. 401, BSR MEGHAA RESIDENCY 17TH B MAIN, 6TH BLOCK, NEAR KORAMANGALA CLUB, KORAMANGALA, BENGALURU - 560095. …PETITIONER (BY SRI. PRASANNA KUMAR C S., ADVOCATE) AND: STATE OF KARNATAKA BY KORAMANGALA POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. …RESPONDENT (BY SMT. M.M. WAHEEDA, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 11/02/2025 VIDE ANNEXURE-A, PASSED IN CR. NO. 358/2024 PASSED BY THE LEARNED XXXXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, REJECTING THE PETITIONERS APPLICATION DATED 20/12/2024 VIDE ANNEXURE-B FILED UNDER SECTION 497 AND 503 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, FOR RELEASE OF SEIZED GOODS BELONGING TO THE PETITIONER AND ETC., Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8494 WP No. 5517 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the de-facto complainant in Crime No.358/2024 (PF No.127/2024) is directed against the impugned order dated 11.02.2025 whereby the application filed by the petitioner under Sections 497 and 503 of Bharatiya Nagarika Suraksha Sanhita (BNSS) 2023 seeking interim custody of brown colour leather bag and cash of Rs.50,00,000/- (Rs.500 x 1000 notes) seized by the respondent - police as indicated in item Nos.1 and 2 was rejected by the trial Court. 2. A perusal of the material on record will indicate that the petitioner - de-facto complainant filed a complaint on 13.12.2024 inter alia contending that there was a theft of brown colour leather bag and cash of Rs.50,00,000/- at about 2.15 p.m., pursuant to which, the impugned instant proceedings in Crime No.358/2024 were registered against one Rakshithkumar for the offence punishable under Sections 306 of BNS 2023. The seizure panchanama dated 13.12.2024 will indicate that the aforesaid Rakshithkumar was apprehended along with aforesaid item Nos.1 - 3 - NC: 2025:KHC:8494 WP No. 5517 of 2025 and 2 and the same was submitted to the trial Court vide Annexure-G dated 21.12.2024 by the respondent - police authorities. 3. Subsequently, the petitioner filed an application dated 20.12.2024 seeking release of the brown colour leather bag as well as the aforesaid cash inter alia contending that the said money belongs to ten different persons from who he had borrowed in terms of the memo vide Annexure-F dated 16.01.2025. The respondents - police authorities having opposed the said application, trial Court proceeded to pass the impugned order rejecting the application on the ground that the petitioner had not satisfied the trial Court as regards his ownership and possession of the alleged stolen bag and cash. 4. In this context, the trial Court has failed to consider and appreciate the detailed memo at Annexure-F which reads as under: The petitioner is herewith submitting the list of persons (along with bank statements and vouchers) from whom he had borrowed cash, which is now seized and in the custody in above PF number the same may be kindly taken on record. - 4 - NC: 2025:KHC:8494 WP No. 5517 of 2025 Sl.No. Name Amount 01 Subbareddy (Self) 7,02,000/- 02 CO3 Enterprise Private Limited 3,50,000/- 03 Chidambaram 10,00,000/- 04 Syed Tabraz Altaf 9,98,000/- 05 Kanuparthi Mamatha 6,00,000/- 06 Nagireddy Mahesh 3,00,000/- 07 Nelaturi Ramesh 3,50,000/- 08 Nelaturi Papireddy 2,00,000/- 09 M. Bhaskar Reddy 2,00,000/- 10 Mannem Adireddy 3,00,000/- TOTAL 50,00,000/- 5. As could be seen from the aforesaid memo, details of the various persons from whom the petitioner had borrowed total amount of Rs.50,00,000/- was stated in the aforesaid memo along with bank statements and vouchers which clearly establish prima facie that the said amount belongs to the petitioner was kept in his brown colour leather bag before they allegedly stolen and the same is the subject matter of Crime No.358/2024 pending before the trial Court. 6. The trial Court has also failed to consider and appreciate the same. In the case of Sri Vishal Ramesh Khatwani v. State of Karnataka, under identical circumstances, in relation to the release of seized articles, goods, cash etc., a Co-ordinate bench - 5 - NC: 2025:KHC:8494 WP No. 5517 of 2025 of this Court in Crl.RP No.210/2024 dated 04.10.2024 held the following guidelines. 47. As such, the following directions are issued which would cover in general the disposal of the properties as is contemplated under Section 451 and 457 of Cr.P.C., and presently under the provisions of Section 497 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) Directions/Guidelines: (1) Description of the seized property shall be incorporated in the seizure mahazar so as to distinctly identify the seized property at all stages in the criminal trial. (2) Mahazar shall include, serial numbers, make of the seized property, manufacturers name, if any, distinctive marks, if any, hall mark, if any, on the gold and silver articles with distinct numbers. (3) Mahazar shall include, approximate value of the seized property (estimation of valuation to be obtained from the registered valuers wherever necessary). It shall accompany the P.F. Memo when it is placed before the learned Trial Magistrate. (4) Trial Magistrate shall verify the contents of mahazar with aforesaid details and personally examine the seized properties and satisfy that the seized properties are tallying with the description made in the mahazar and P.F. Memo. (5) Unless a specific grounds/reasons are made out by the Investigating Agency, seized property shall not be allowed to be retained by the Investigating Agency. (6) Even if the request for retention is allowed, the learned Trial Magistrate instead of passing a mechanical order by initialing on the readymade seal with words ‘permitted to retain’, pass a suitable speaking order in the order sheet of the case, directing the Investigating Agency that they would be retaining the property as a ‘Bailee’ and ensure that proper care is taken to preserve the seized property. (7) Learned Trial Magistrate shall ensure that proper infrastructure is available with the police for preservation of the seized material objects and must report to the Court as to its status when the charge sheet is filed. (8) If the seized property is sent to the Forensic Science Laboratory, Investigating Agency shall ensure that the - 6 - NC: 2025:KHC:8494 WP No. 5517 of 2025 property is sent in a proper sealed condition and seals are intact, at all levels. (9) Whenever the property is ordered to be retained by the Investigating Agency, and if an application seeking release is rejected, after the investigation, and if the need of retaining property is not imperative, the Court may pass suitable orders with regard to the interim disposal of the property. (10) Learned Trial Magistrates/leaned Sessions Judges are hereby directed to ensure the disposal of the property in respect of Narcotic drugs and psychotropic substances as per the directions of the Hon’ble Supreme Court in the case of Union of India vs. Mohanlal and another, reported in (2016) 3 Supreme Court Cases 379. (11) In case of seizure of the vehicles, the standard operating procedure and the amendment to the Rule 232G of Karnataka Motor Vehicles (Amendment) Rules, 2018 shall be borne in mind by the learned Trial Magistrate while disposing the application filed under Section 451 and 457 Cr.P.C., or under Section 497 of BNSS. (12) In respect of the electronic and digital material objects, the learned Trial Magistrate shall ensure that the same to be retained by the police under retention order to ensure that the same are not exposed to the atmospheric moisture, resulting in damage to the seized electronic equipment or data stored therein. (13) Necessary directions in this regard shall be made in the order while P.F. Memo is filed into the Court seeking retention of the seized electronic items, Compact Disc, Pendrives and such other storage media when produced and ordered to be retained shall be properly preserved by taking necessary precautions so as to avoid the damage to the data stored therein which may have a direct bearing on the merits of the trial. (14) Precious items like Gold, Silver shall not be ordinarily to be retained with the Investigating Agency unless the same is required for investigation purpose like identity, finger print examination etc., and wherever it is necessary, photographs/videographs of the seized material objects can ordered to be returned to the applicant after deciding the rival claim, if any. (15) In respect of the explosives, inflammable substances, like adulterated petroleum products, gas cylinders etc, the learned Trial Magistrate shall ensure the safety of the - 7 - NC: 2025:KHC:8494 WP No. 5517 of 2025 seized material objects, not only the safety of seized material objects and possible accident in the place where it is stored and pass suitable orders. (16) In respect of perishable items, the learned Trial Magistrate without loss of time, shall consider the application and pass suitable orders like auctioning the perishable items and directing the auction money to be kept in ‘escrow account’ subject to the final result of the criminal proceedings. (17) In respect of the seized material objects under the special enactments like Essential Commodities Act etc., learned Trial Magistrate, shall regulations under the special enactment and pass appropriate orders as early as possible. (18) In respect of seized cash, photograph/ videograph of the currency notes to be taken and serial numbers of the seized currency notes shall be written in a mahazar. Immediate steps are to be taken to deposit the currency notes to Reserve Bank of India and value of the currency notes thereof shall be ordered to be returned to the successful party at the end of the trial. 48. These directions are only indicative and not exhaustive and would serve and guide broadly the power to be exercised by the learned Trial Magistrate or Revisional Courts as the case may be in disposal of the seized properties under Section 451 and 457 Cr.P.C., and 497 of BNSS. 49. In view of the above discussion, following order is passed: ORDER Criminal Revision petition is allowed. The application filed by the applicant seeking interim custody of the above referred material objects is allowed on following conditions: (1) Revision petitioner shall execute an indemnity bond to the tune of Rs.40,00,000/-. (2) Revision petitioner is hereby directed to take the photographs and videographs of the seized material objects, for which the Investigating Agency shall cooperate and produce the same before the Court in a pendrive. (3) Revision petitioner shall not alter the identity of the seized material objects and in case, if there is a deterioration in value, may apply for sale of the material - 8 - NC: 2025:KHC:8494 WP No. 5517 of 2025 objects after the same is identified before the Court of law by examining the mahazar witnesses inasmuch as the charge sheet is already filed. (4) If any such application is made, learned Trial Magistrate is at liberty to pass appropriate order. (5) Revision petitioner shall produce the material objects as and when directed. 7. In view of the aforesaid facts and circumstances and the judgment of this Court in Vishal Ramesh Khatwani v. State of Karnataka, I am of the considered opinion that the impugned order passed by the trial Court deserves to be set aside and the trial Court is directed to release the brown coloured leather bag along with the aforesaid sum of Rs.50,00,000/- in favour of the petitioner by issuing certain directions. 8. In the result , I pass the following: ORDER (i) The petition is allowed. (ii) The application filed by the petitioner under Section 497 and 503 of BNSS 2023 is hereby allowed. (iii) The respondent - police authorities are directed to release a sum of Rs.50,00,000/- to the petitioner as well as the brown coloured leather bag to the petitioner immediately upon receipt of copy of this order subject to the following conditions: - 9 - NC: 2025:KHC:8494 WP No. 5517 of 2025 "In respect of seized cash, photography/videograph of the currency notes to be taken and serial numbers of the seized currency notes shall be written in a mahazar." Sd/- (S.R.KRISHNA KUMAR) JUDGE SA List No.: 1 Sl No.: 38 Retyped and replaced vide Court order dated 12.03.2025