- 1 - HC-KAR NC: 2025:KHC-D:8458 CRL.P No. 102278 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102278 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: S. MANJUNATHA S/O. LATE BASAPPA, AGE: 59 YEARS, OCC: AGRICULTURE & BUSINESS, R/O. KAMMATHAHALLI VILLAGE, TQ. HARAPANAHALLI, DIST. VIJAYANAGARA, NOW R/O. AT. NO. 1866/23, 17TH CROSS, VINAYAKA BADAVANE, VIDYANAGARA, DAVANAGERE. (OWNER OF THE BUS BEARING NO.KA14/C1576). …PETITIONER (BY SRI. N. R. KUPPELUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS C.P.I. ARASIKERE P.S, REP. BY THROUGH ITS S.P.P, HIGH COURT OF KARNATAKA, DHARWAD-08. 2. SMT. GOURAMMA W/O. LATE RAVIKUMARA, AGE: 28 YEARS, OCC: LABOURER, R/O. JARAKATTE VILLAGE, TQ & DIST. DAVANAGERE, NOW R/AT: LOKUR VILLAGE, TQ AND DIST. BELAGAVI-590001. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE TO R2 DISPENSED WITH) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ORDER DATED 21.05.2025 PASSED BY THE DISTRICT AND SESSIONS JUDGE AND FTSC-I, BALLARI IN SPECIAL CASE NO.659/2025 (CRIME NO.37/2025) IN ARASIKERE P.S. ONLY IN SO FAR AS DISMISSAL OF THE INTERIM APPLICATION FILED U/S.503(3) OF BNSS, BY THE PETITIONER FOR RELEASE OF VEHICLE BEARING NO.KA14/C1576. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8458 CRL.P No. 102278 of 2025 THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri N.R.Kuppelur., learned counsel for the petitioner and Smt. Kirtilata Patil, learned HCGP for respondent No.1-State. 2. The petitioner-owner of bus bearing No.KA- 14/C-1576, has filed this petition under Section 482 of Cr.P.C., [528 of Bharatiya Nagarik Suraksha Sanhita, 2023] to quash the order dated 21.05.2025 passed on an application filed under Section 503(3) of BNSS, 2023 by the learned Additional District and Sessions Judge, FTSC-I, Ballari (for short ‘trial Court’) in Spl.C.No.659/2025, wherein, the trial Court dismissed an application filed by the petitioner for release of bus bearing No.KA-14/C-1576. 3. Learned counsel for the petitioner contended that the petitioner is the registered owner of the Ashok Leyland Bus bearing registration No.KA-14/C-1576 and the - 3 - HC-KAR NC: 2025:KHC-D:8458 CRL.P No. 102278 of 2025 same was seized in Crime No.37/2025 by Arasikeri Police Station on the ground that the said bus was used for commission of the offence. Hence, the petitioner had filed an application before the trial Court for interim custody of the said bus. However, the trial Court rejected the same without assigning proper reasons. Learned counsel further contended that the vehicle is no way related to the commission of the offence; since the investigation is already completed, the vehicle is no more required for any investigation and the petitioner is eking his livelihood from the said bus. If the vehicle is not released, the petitioner may sustain huge loss. Hence, he prayed for allowing the petition. 4. Learned High Court Government Pleader for respondent No.1-State contended that by imposing suitable conditions, the vehicle be released. 5. Perused the prosecution papers and the impugned order. - 4 - HC-KAR NC: 2025:KHC-D:8458 CRL.P No. 102278 of 2025 6. The trial Court rejected the application filed by the petitioner for release of the bus on the ground that the vehicle was involved in a heinous offence. Section 457 of Cr.P.C., deals with the procedure where a property including vehicle, is seized by the police, the Court has to pass an order for the disposal or released of the vehicle, if he is not produced before court. Section 482 of Cr.P.C., provides an inherent power to this court to make such order, as may be necessary to prevent abuse of process of any court or otherwise to seeking the ends of justice. If the trial court passes an order regarding the release of vehicle that, if it is found unjust, High court may exercise power U/s.482 of Cr.P.C., In this case, the trial Court has not assigned proper reasonings. Admittedly, investigation is completed, and the Investigating Officer has filed the charge-sheet. The vehicle seized is a passenger bus, and there are no rival claimants to claim the bus. The petitioner is the registered owner of the vehicle and he has undertaken to abide by any of the conditions to be - 5 - HC-KAR NC: 2025:KHC-D:8458 CRL.P No. 102278 of 2025 imposed by this Court. Learned High Court Government Pleader for respondent No.1-State has not disputed the ownership of the petitioner over the bus and it is a passenger vehicle. Hence, the vehicle is not required for further investigation. 7. The subject matter of the vehicle is a passenger carrying vehicle and keeping the vehicle idle, the petitioner will lose the very source of business. Accordingly, the following: ORDER The criminal petition is allowed. The impugned order dated 21.05.2025 passed by the learned Additional District and Sessions Judge, FTSC-I, Ballari on an application filed under Section 503(3) of BNSS, 2023 for release of bus bearing No.KA-14/C-1576 in Spl.C.No.659/2025, is hereby quashed. The application filed under Section 503(3) of BNSS, 2023 is hereby allowed. - 6 - HC-KAR NC: 2025:KHC-D:8458 CRL.P No. 102278 of 2025 The bus bearing registration No.KA-14/C-1576 is ordered to be released in favour of the petitioner as interim custody on he executing a indemnity bond for a sum of Rs.10,00,000/- with a surety for likesum to the satisfaction of the trial Court, subject to following conditions; i. The petitioner shall produce the vehicle as and when directed by the trial Court; ii. The petitioner shall not alienate/transfer the vehicle to any third party till the case is finally dispose of; iii. The petitioner shall not change the nature and colour of the vehicle; iv. The petitioner shall secure the photographs from four angles of the bus i.e., front, rear, left and right side of the vehicle along with a C.D. or pendrive and produce the same before Investigating Officer/trial Court for the purpose of identification. - 7 - HC-KAR NC: 2025:KHC-D:8458 CRL.P No. 102278 of 2025 In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 66