- 1 - HC-KAR NC: 2025:KHC-D:12865 CRL.P No. 100397 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100397 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI MANOJ MANJUNATH CHABBI, AGE 27 YEARS, OCC: PRIVATE JOB, RESIDING AT DUNDUSI HOSUR, TQ: SHIGGAON, DIST: HAVERI-581205. … PETITIONER (BY SRI. SURAJ MUTNAL S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH HANGAL POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, PIN. 580011. 2. KAVITA W/O.SHANKRAPPA KANANNAVAR, AGE MAJOR, OCC: AGRI, R/O: NETIGINAKOPPA, TQ: HANGAL, DIST. HAVERI-581104 … RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1; SMT. SITALAXMI PURLI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.528 OF BNSS, SEEKING TO SET ASIDE THE ORDER DATED 16.07.2024 IN SPL.S.C. NO.32/2024 PASSED BY ADDITIONAL DISTRICT AND SE SSIONS JUDGE FTSC-1 HAVERI PARTLY ALLOWING THE APPLICATION FILED U/S.457 R/W 451 OF CR.P.C. SEEKING FOR RELEASE OF PROPERTY AND DIRECT THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 HAVERI TO RELEASE THE MOBILE PHONE BEARING IMVI NO.863809077402964 SEIZED UNDER PF NO.46/2024 BELONGING TO PETITIONER DATED 03.03.2024. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12865 CRL.P No. 100397 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court under Section 528 of the BNSS, 2023 with a prayer to set aside the order dated 16.07.2024, passed by the Court of Additional District and Sessions Judge, FTSC-1, Haveri insofar as it relates to the rejection of the petitioner’s prayer made for the purpose of releasing his mobile phone to his interim custody, during the pendency of the case. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.65 of 2024 was registered by Hangal Police Station, Hangal Circle, Haveri District, initially for offences punishable under Sections 376(2)(n), 506 of the IPC and Sections 4 and 6 of the POCSO Act against the petitioner, based on the first information submitted by the victim girl aged about 17 years 7 months. After completing investigation, charge sheet has been filed against the petitioner for the offences punishable under Section 376, - 3 - HC-KAR NC: 2025:KHC-D:12865 CRL.P No. 100397 of 2025 363, 366, 376(2)(n), 506 of the IPC and Sections 4, 6, 8 and 12 of the POCSO Act. The petitioner is being tried for the charge-sheeted offences in Special S.C. No.32 of 2024 before the Jurisdictional Court of Sessions Judge. In the said proceedings, the petitioner had filed an application under Sections 451 and 457 of the Cr.P.C., with a prayer to release his motorcycle bearing Reg. No.KA-27/EL-3694 and his black coloured Dual Sim - One Plus mobile phone bearing IMEI No.863809077402964 to his interim custody. The said application was opposed by the learned Public Prosecutor. 4. The trial Court by the impugned order dated 16.07.2024 has partly allowed the application and while releasing the aforesaid motorcycle of the petitioner to his interim custody has rejected his prayer insofar as it relates to his mobile phone. It is under these circumstances, he is before this Court. - 4 - HC-KAR NC: 2025:KHC-D:12865 CRL.P No. 100397 of 2025 5. Learned counsel for the petitioner submits that there is no allegation in the first information as well as in the charge sheet about the petitioner misusing his mobile phone for the purpose of committing the alleged offences. During the course of investigation, the Investigation Officer has seized the petitioner's mobile phone and no incriminating material has been found in the said mobile phone. 6. Learned HCGP does not dispute the said submission. She submits that the only allegation against the petitioner is that, he used to call the victim girl from the said mobile phone. 7. Learned counsel for respondent No.2 however has opposed the prayer made in the petition. She submits that the petitioner is likely to misuse the mobile phone in the event it is released to his interim custody and the evidentiary value of the mobile phone also is likely to be lost. - 5 - HC-KAR NC: 2025:KHC-D:12865 CRL.P No. 100397 of 2025 8. Perusal of the material on record would go to show that there is no allegation either in the first information or in the charge sheet about the petitioner misusing his aforesaid mobile phone for the purpose of committing the alleged offences. It is not alleged that the petitioner had recorded any act in the mobile phone or had recorded any photographs or videos of the victim girl in the mobile phone. The only allegation found in the charge sheet is that, the petitioner was using the aforesaid mobile phone for the purpose of talking with the victim girl. The call records of the petitioner, has been already collected in the present case and the same is part of the charge sheet. Therefore, in my opinion, the trial Judge was not justified in rejecting the prayer made by the petitioner seeking interim custody of his mobile phone. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The order dated 16.07.2024, passed by the Court of Additional District and Sessions - 6 - HC-KAR NC: 2025:KHC-D:12865 CRL.P No. 100397 of 2025 Judge, FTSC-I, Haveri, insofar as it relates to the rejection of the petitioner’s prayer made for the purpose of releasing his mobile phone to his interim custody, during the pendency of the case, is set aside and the learned trial Judge is directed to release the aforesaid mobile phone of the petitioner to his interim custody, subject to conditions that may be imposed by the trial Court. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 117