- 1 - HC-KAR NC: 2026:KHC:10022 CRL.A No. 2030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2030 OF 2025 BETWEEN: 1. MUNI VENKATAPPA S.B. S/O LATE BATHYAPPA, AGED ABOUT 74 YEARS, R/AT SONNEHALLIPURA VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU DISTRICT - 562 114. 2. ANANDA, S/O MUNI VENKATAPPA. S.B., AGED ABOUT 45 YEARS, R/AT SONNEHALLIPURA VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU DISTRICT - 562 114. 3. MANJUNATHA S.M, S/O MUNI VENKATAPPA S.B., AGED ABOUT 43 YEARS, R/AT SONNEHALLIPURA VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU DISTRICT - 562 114. 4. SURESH, S/O MUNI VENKATAPPA S.B., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10022 CRL.A No. 2030 of 2025 AGED ABOUT 37 YEARS, R/AT SONNEHALLIPURA VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU DISTRICT - 562 114. 5. MUNEGOWDA, S/O KEMPANNA, AGED ABOUT 53 YEARS, R/AT SONNEHALLIPURA VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU DISTRICT - 562 114. 6. PREM KUMAR, S/O MUNEGOWDA, AGED ABOUT 30 YEARS, R/AT SONNEHALLIPURA VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU DISTRICT - 562 114. 7. SATHISH, S/O MUNEGOWDA, AGED ABOUT 30 YEARS, R/AT SONNEHALLIPURA VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU DISTRICT - 562 114. 8. CHIKKA MUNIYAPPA, S/O LATE BETTAPPA, AGED ABOUT 70 YEARS, R/A BANDEYARAPPANAHALLI VILLAGE, BIDARAHALLI HOBLI, - 3 - HC-KAR NC: 2026:KHC:10022 CRL.A No. 2030 of 2025 K.R.PURAM WEST TALUK, BENGALURU - 560 049. 9. SHEKAR C. S/O CHIKKA MUNIYAPPA, AGED ABOUT 70 YEARS, R/A BANDEYARAPPANAHALLI VILLAGE, BIDARAHALLI HOBLI, K.R.PURAM WEST TALUK, BENGALURU - 560 049. 10. VENU, S/O MUNISHAMAPPA, AGED ABOUT 57 YEARS, R/A NO.27, WARD NO.312, KURUBARA ROAD, CHIKKABALAPURA - 562 101. …APPELLANTS (BY SRI AJAY R.A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY SULIBELE POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. N.ANITHA GIRISHA, HCGP) - 4 - HC-KAR NC: 2026:KHC:10022 CRL.A No. 2030 of 2025 CRL.A FILED U/S 454(1) OF CR.P.C. (FILED U/S 500 OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE/MODIFY THE ORDER DATED 08.09.2021 PASSED BY THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN SC NO.173/2017 INSOFAR AS IT RELATES TO THE CONFISCATION OF MATERIAL OBJECT MO-I GUN TO THE STATE GOVERNMENT AND FURTHER MO-I TO BE RETURNED TO THE APPELLANT NO.2. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellants/accused Nos.1 to 4 and 10 to 15 and 17 have preferred this appeal against the order passed by the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in S.C.No.173/2017 dated 08.09.2021. 2. Though the appellant Nos.1 to 10 have preferred this appeal against the impugned order passed - 5 - HC-KAR NC: 2026:KHC:10022 CRL.A No. 2030 of 2025 by the trial Court, the Accused No. 2-Ananda sought for release of MO No.1-Gun. The trial Court has acquitted the accused No.1 to 4, 6, 9 to 13, 15 and 17 for the offences punishable under Section 143, 147, 148, 324, 307, 506 read with Section of 149 Indian Penal Code and Section 3 and 25 of Indian Arms Act, 1959. Accused No.4 reported to be dead. The trial Court has passed an order to confiscate MO No.1-Gun after appeal period is over. The trial Court has not assigned any reasons for confiscation of the MO No.1 when all the accused are acquitted of alleged offences. 3. It is submitted by both counsels that no appeal is preferred against the impugned judgment of acquittal passed by the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. The appellant No.2 had filed application before the trial Court under Section 451 and 457 of Code of Criminal Procedure to release the MO No.1-Gun in his favour. Same came to be rejected by - 6 - HC-KAR NC: 2026:KHC:10022 CRL.A No. 2030 of 2025 the trial Court on the ground that the order passed by the trial Court has not been challenged. 4. The appellants have produced the copy of the Gun Licence, which is standing in the name of Anandhakumar S.M./accused No.2. The licence expired on 15.02.2026. The certified copy of the order sheet is produced by the appellant dated 25.04.2025 that the Gun is confiscated. It is submitted that Gun is in the custody of the Court in PR No. 376/2019, same is not disposed, as per the endorsement given by the property clerk of the order sheet. When the trial Court has acquitted the accused of the alleged offence, there are no any reasons to confiscate MO No.1. Hence, I proceed to pass the following: ORDER (i) Appeal is allowed. (ii) The order passed by the VIII Additional District and Sessions Judge, Bengaluru Rural District, - 7 - HC-KAR NC: 2026:KHC:10022 CRL.A No. 2030 of 2025 Bengaluru in S.C.No.173/2017 dated 08.09.2021 regarding confiscation of MO No.1- Gun, is set aside. (iii) The order passed by the trial Court dated 09.06.2025 is also set aside. Consequently, application filed under Section 451 and 457 of Cr.P.C. filed by the accused No. 2/appellant No. 2 Anandhakumar S/o Munivenkatappa S B is allowed. (iv) Trial Court is directed to release the MO No.1- Gun in favour of Anandakumar S/o Munivenkatappa with proper identification on executing an indemnity bond so as to undertake that the appellant shall keep this MO No.1-Gun in accordance with the relevant Act and Rules. (v) After release of MO No.1 - Gun, the appellant shall make appropriate application before the concerned authority for renewal of licence as the same expired on 15.02.2026. After renewal of Gun licence, the appellant shall intimate the same to the trial Court by producing the Renewal Certificate issued by the concerned authority. - 8 - HC-KAR NC: 2026:KHC:10022 CRL.A No. 2030 of 2025 Registry is directed to send the copy of this order to the trial Court for taking necessary steps. Sd/- (G BASAVARAJA) JUDGE PSJ List No.: 1 Sl No.: 51