- 1 - NC: 2025:KHC-K:1349 CRL.P No. 200304 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200304 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: KARTIK PATIL @ KARTIK PATIL GANGADHAR PATIL, AGE:26 YEARS, OCC: BUSINESS PROPRIETOR OF M/S MAHARAJA AUDIO, R/O. AT DEVAPUR POST HOTTAL, TQ. DEGLOOR, DIST. NANDED MS- 415509. …PETITIONER (BY SRI. RAJESH DODDAMANI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH GANDHI GUNJ POLICE STATION BIDAR, NOW REPRESENTED BY THE ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH 585103. …RESPONDENT (BY SMT. MAYA T.R., HCGP) THIS CRL.P IS FILED U/SEC 528 OF BNSS-2023, PRAYING TO, ALLOW THIS PETITION AND QUASH ORDER DATED 15.05.2024 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC-II BIDAR IN C.C NO. 4329/2024 (ARISING OUT CRIME NO.72/2024) OF GANDHI GUNJ POLICE STATION BIDAR/ AND ALSO QUASH ORDER OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BIDAR DATED 31.07.2024 PASSED IN CRL.RP NO.12/2024 AND CONSEQUENTLY RELEASE Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1349 CRL.P No. 200304 of 2025 IN DJ SYSTEM SEIZED BY THE GANDHI POLICE STATION BIDAR IN CRIME NO.72/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 283 NOW PENDING ON THE FILE OF THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC-II BIDAR IN C.C NO.4329/2024, BIDAR. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) This petition under Section 528 of BNSS, 2023 is filed with a prayer to quash the order dated 15.05.2024 passed by the Court of Principal Civil Judge and JMFC-II, Bidar in C.C.No.4329/2024 and the order dated 31.07.2024 passed by the Court of Principal District and Sessions Judge, Bidar in Crl.R.P.No.12/2024. 2. Heard learned counsel for the parties. 3. FIR in Crime No.72/2024 was registered by Gandhi Gunj Police Station, Bidar against the petitioner and another for the offence punishable under Section 283 of IPC and during the course of investigation, the DJ - 3 - NC: 2025:KHC-K:1349 CRL.P No. 200304 of 2025 System, which was used by the accused for playing loud music was seized from the spot and subjected to panchanama and thereafter, produced before the Trial Court under P.F.No.49/2024. The petitioner herein had filed an application under Section 457 of Cr.P.C. before the Trial Court with a prayer to grant interim custody of the DJ System namely, one bass, one top, two amplifier and two sharpy box. The said application was rejected by the Trial Court by order dated 15.05.2024 and as against the same, the petitioner had filed a criminal revision petition in C.R.P.No.12/2024, which was dismissed by the revisional Court on 31.07.2024. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the seized articles are the source of income of the petitioner and exposure of the seized articles to light and air is likely to damage them. He submits that petitioner is ready and willing to abide by the conditions that may be - 4 - NC: 2025:KHC-K:1349 CRL.P No. 200304 of 2025 imposed while granting the interim custody of the articles. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader, who has opposed the petition, submits that the petitioner may be put to strict terms, while releasing the articles to him, which are in custody. 6. It is not in dispute that the petitioner is the owner of the articles seized in the present case, in respect of which he has filed an application seeking interim custody under Section 457 of Cr.P.C. He has filed necessary documents before the Trial Court to prove his ownership over the articles of which he has sought interim custody. The Trial Court has rejected his prayer seeking interim custody only for the reason that he was using the DJ music system without obtaining necessary licence from the competent authorities. The said order has been confirmed by the revisional Court. The petitioner has undertaken to abide by the conditions that may be imposed by this Court while granting interim custody of - 5 - NC: 2025:KHC-K:1349 CRL.P No. 200304 of 2025 the articles and a submission is also made that seized articles are the source of income for livelihood of the petitioner. 7. Considering the nature of allegations found in the first information against the petitioner and also considering the submissions made on behalf of the parties, I am of the opinion that the prayer made in this petition needs to be granted subject to appropriate conditions. Accordingly, following: ORDER i) The criminal petition is allowed. ii) The impugned order dated 15.05.2024 passed by the Court of Principal Civil Judge and JMFC-II, Bidar in C.C.No.4329/2024, which is confirmed in Crl.R.P.No.12/2024 by the Court of Principal District and Sessions Judge, Bidar dated 31.07.2024 are set aside and the prayer made by the petitioner in his application filed before the - 6 - NC: 2025:KHC-K:1349 CRL.P No. 200304 of 2025 Trial Court under Section 457 of Cr.P.C. is allowed subject to he executing a indemnity bond before Trial Court undertaking not to alienate the articles of which interim custody is given to him and also not to change the colour and nature of the said articles. iii) The petitioner shall also not use the articles and cause noise, pollution or nuisance to the public. iv) The petitioner shall obtain necessary licence from the competent authority for using the articles, which are released to his interim custody in any public function. Sd/- (S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 65 CT:PK