- 1 - HC-KAR NC: 2025:KHC:35188 CRL.P No. 8746 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 8746 OF 2025 BETWEEN: MUHAMMED S/O ALI, AGED ABOUT 42 YEARS, R/AT ALLIPURA HOUSE, MUTTIL SOUTH, MANDAD, VYTHIRI TALUK, WAYANAD DISTRICT, KERALA STATE. …PETITIONER (BY SRI. SAGAR A SHETTY, ADVOCATE) AND: STATE OF KARNATAKA BY NANJANGUDU RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO A. QUASH THE ORDER PASSED BY PRL. DISTRICT AND SESSIONS JUDGE AT MYSORE, IN CRL. R.P. NO.361/2023, DATED 26.03.2025 AND THE ORDER PASSED BY THE PRL. CIVIL JUDGE AND JMFC AT NANJANGUD, IN CRIME NO.72/2023 DATED 19.08.2023 ON APPLICATION U/S. 457 OF CR.P.C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35188 CRL.P No. 8746 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is aggrieved by the order of the learned Magistrate on an application filed under Section 397 of Cr.P.C. and partial rejection by the Revisional Court insofar as the amount of Rs.5,00,000/- is concerned. 2. The facts leading to the case are as under: The petitioner, on 23.03.2023, while proceeding in his Maruti car bearing Registration No. KL-12 M-9172, was abruptly intercepted by the police officials on patrol duty. During the course of inspection of the vehicle, the police discovered a bag containing a cash amount of Rs.5,00,000/- which was kept beneath the seat of the said car. Despite the petitioner furnishing an explanation on the spot that the said sum was lawfully withdrawn and was being carried for the purpose of constructing the body of a lorry, the officials proceeded to seize not only the car but also the said amount of Rs.5,00,000/-. Consequent upon - 3 - HC-KAR NC: 2025:KHC:35188 CRL.P No. 8746 of 2025 such seizure, a criminal case came to be registered against the petitioner in Crime No.72/2023 for the alleged offence punishable under Section 98 of the Karnataka Police Act, 1963. 3. The petitioner, being aggrieved by such seizure, filed an application under Section 457 of the Code of Criminal Procedure, 1973 before the jurisdictional Magistrate seeking interim custody and release of the seized amount. The learned Magistrate, however, rejected the said application in toto. The petitioner thereafter invoked the revisional jurisdiction of the learned Principal District and Sessions Judge at Mysuru in Crl.R.P.No.361/2023. The Revisional Court, on consideration, partly allowed the revision petition by directing release of the seized vehicle, but declined to extend the same relief in respect of the seized amount of Rs.5,00,000/-, thereby affirming the rejection of the petitioner’s prayer for release of the amount. - 4 - HC-KAR NC: 2025:KHC:35188 CRL.P No. 8746 of 2025 4. Learned counsel appearing for the petitioner, reiterating the grounds urged, would contend that the seizure of the amount is wholly unsustainable in law. It is urged that even assuming that the seizure was sought to be justified on the premise of the ensuing Assembly Elections, the Election Commission notification produced at Annexure-F unmistakably demonstrates that the Model Code of Conduct was brought into force only with effect from 29.03.2023. Admittedly, the petitioner’s car and the amount were seized on 23.03.2023, which was prior to the date of notification. Therefore, it is submitted that the very foundation of the seizure is non-existent. 5. In support of his contention, learned counsel has relied upon a judgment rendered by a Coordinate Bench of this Court in an identical factual matrix. This Court has carefully examined the said precedent and finds merit in the submission advanced by the learned counsel. The records in the present case clearly establish that the Model Code of Conduct was enforced only from - 5 - HC-KAR NC: 2025:KHC:35188 CRL.P No. 8746 of 2025 29.03.2023. If this factual aspect, evidenced by Annexure- F, is accepted, then the registration of Crime No.72/2023 against the petitioner for the offence under Section 98 of the K.P. Act was wholly unwarranted. The police officials, though apparently patrolling in anticipation of the forthcoming election code of conduct, were bereft of authority in law to either seize the vehicle or to seize the amount from the custody of the petitioner prior to 29.03.2023. 6. This Court also finds that the Revisional Court, despite taking cognizance of the fact that the code of conduct was yet to be enforced, while partly allowing the application by directing release of the vehicle, erred in declining the petitioner’s prayer for release of the amount without assigning any cogent reasons. The learned Magistrate too, in rejecting the application under Section 457 of Cr.P.C., has failed to advert to the relevant dates and provisions which had a direct bearing on the issue. - 6 - HC-KAR NC: 2025:KHC:35188 CRL.P No. 8746 of 2025 Thus, both the Courts below have committed a manifest error in refusing to release the seized amount. 7. On a holistic examination of the records and even if the allegations in the complaint are taken on their face value, it is evident that no offence is made out against the petitioner since the seizure of the car and the amount was effected on 23.03.2023 at about 3.30 p.m., which was prior to the date on which the Model Code of Conduct came into effect. Therefore, on the relevant date, the police had no lawful authority either to seize the vehicle or to seize the amount being carried in the car. Such an action, in the considered view of this Court, was wholly without jurisdiction and unsustainable in law. Accordingly, the entire proceedings initiated against the petitioner on the basis of the said seizure are liable to be quashed. 8. For the foregoing reasons, this Court proceeds to pass the following: - 7 - HC-KAR NC: 2025:KHC:35188 CRL.P No. 8746 of 2025 ORDER (i) The writ petition is hereby allowed; (ii) The impugned order dated 26.03.2025 passed in Crl.R.P.No.361/2023 by the learned Principal District and Sessions Judge, Mysuru, insofar as it declines to release the seized amount of Rs.5,00,000/-, is set aside; (iii) The application filed by the petitioner under Section 457 of Cr.P.C. stands allowed in its entirety; (iv) Consequently, the order dated 19.08.2023 passed by the learned Magistrate in Crime No.72/2023 is quashed; (v) The concerned authority, who has seized the cash amount of Rs.5,00,000/-, is directed to forthwith release the same to the petitioner without delay. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 53