- 1 - NC: 2025:KHC:7887 CRL.P No. 1892 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1892 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: NARAYANAMMA M W/O KRISHNA V AGED ABOUT 51 YEARS, RESIDING AT NO.240, 8TH WARD, ATTIBELE ROAD, NEAR ST. JOSEPH PU COLLEGE, GOPI LAYOUT, ANEKAL TOWN, ANEKAL, BANGALORE - 560106. …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: STATE OF KARNATAKA BY JIGANI POLICE STATION, BANGALORE, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01. …RESPONDENT (BY SMT. M.M. WAHEEDA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 05.12.2024 PASSED ON THE APPLICATION FILED BY THE PETITIONER U/S 497 OF BNSS ACT, 2023 IN CR.NO.239/2024 BY THE III ADDL. CIVIL JUDGE AND JMFC ANEKAL, BANGALORE AND RELEASE THE VEHICLE INNOVA CRYSTA 2.4V INDIA LTD. BEARING REGISTRATION NO. KA-51-MN-2477, CHASSIS Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7887 CRL.P No. 1892 of 2025 NO.MBJGB8EM902062562-031., ENGINE NO.2GDA305929 SEIZED IN THE ABOVE CASE UNDER PF NO.156/2024. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “To set aside the order dated 5.12.2024 passed on the application filed by the petitioner under section 497 of BNSS Act 2023 in Crime No.239/2024 by the III Add Civil Judge and JMFC Anekal, Bangalore and release the vehicle INNOVA CRYSTA.2.4V India Ltd bearing registration No.KA- 51MN2477, Chassis No.MBJGB8EM902062562-031. Engine No.2GDA305929 Seized in the above case under PF No.156/2024 in the interest of justice.” 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1 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.KA-51 MN 2477, was seized by the respondent in Crime No.239/2024 on 18.11.2024 for the offences punishable under Sections 25-1(B)(b) of the Arms - 3 - NC: 2025:KHC:7887 CRL.P No. 1892 of 2025 Act, 1959 and Sections 109, 190 of BNS. Subsequently, the respondent-Police having filed the charge sheet before the Sessions Court, the petitioner filed the application under Sections 497 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 03.12.2024 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, and 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 this context, learned counsel for the petitioner submits that the petitioner is ready to abide by the terms and conditions to be imposed - 4 - NC: 2025:KHC:7887 CRL.P No. 1892 of 2025 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 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 1 AIR 2003 SC 638 - 5 - NC: 2025:KHC:7887 CRL.P No. 1892 of 2025 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. (ii) Respondents are directed to release the vehicle bearing registration No.KA-51MN2477 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. - 6 - NC: 2025:KHC:7887 CRL.P No. 1892 of 2025 (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, 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 BVK List No.: 1 Sl No.: 19