- 1 - HC-KAR NC: 2026:KHC:9545 WP No.1434/2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.1434/2026 (GM-POLICE) BETWEEN: SRI H D RAVISHANKAR S/O LATE H.L.DHAKAPPA AGED ABOUT 62 YEARS PROPRIETOR SRI.VENKATESHWARA JEWELLERS AND PAWN BROKERS MAIN ROAD, N.R.PURA TOWN CHIKKAMAGALURU DISTRICT - 577 134 …PETITIONER (BY SRI. H.R. SANTHOSH., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY VIDHANASOUDHA , BANGALORE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9545 WP No.1434/2026 2. THE SUB-INSPECTOR OR POLICE N.R.PURA POLICE STATION CHIKKAMAGALURU DISTRICT - 577 134 3. THE SUPERINTENDENT OF POLICE CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577 101 4. THE DISTRICT POLICE COMPLAINT AUTHORITY CHIKKAMAGALURU DISTRICT REP. BY ITS CHAIRPERSON CHIKKAMAGALURU - 577 101 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASH THE ORDER DATED 20.09.2025 PASSED BY THE DISTRICT POLICE COMPLAINT AUTHORITY, CHIKKAMAGALURU IN CASE NO.DPCA/CKM/CMP /CR/04/2024 (ANNEXURE-H). (B) DECLARE THAT THE SEIZURE OF THE PLEDGED GOLD CHAIN ON 29.07.2024 BY THE RESPONDENT IS ILLEGAL, ARBITRARY AND WITHOUT JURISDICTION (ANNEXURE- E1). (C) DIRECT THE RESPONDENTS TO HAND OVER THE GOLD CHAIN WEIGHING 32.050 GRAMS TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:9545 WP No.1434/2026 ORAL ORDER The petitioner is a licensed pawn broker with his business at N. R. Pura Town, Chikkamagaluru District, and the petitioner is aggrieved by the fourth respondent's order dated 20.09.2025 [Annexure - H]. The fourth respondent, by this impugned order, while considering the petitioner's complaint against jurisdictional police, has observed that the Investigating Officer has seized a chain in accordance with law and filed it with the jurisdictional Magistrate in the pending proceedings in P.F.No.68/2024 dated 29.07.2024, and as such, there is no justification for its complaint. Mr. H. R. Santhosh, the learned counsel for the petitioner, submits that the petitioner's specific case is that a certain Mr. Santhosh S/o. Hanumanthappa from Madboor Village, N. R. Pura Taluk has pledged with him the gold chain and that this gold chain is - 4 - HC-KAR NC: 2026:KHC:9545 WP No.1434/2026 seized because of a complaint filed by a representative of the company stating that his company has been duped because a gold plated chain is deposited misrepresenting it to be gold. Mr. B. R. Ravindranath, the learned Additional Government Advocate, is heard in the light of this grievance and on perusal of records. Mr. H. R. Santhosh is categorical that the fourth respondent has decided upon the merits of the petitioner's complaint without examining Mr. Santhosh, who has actually pledged the gold chain. This Court is of the view that for a complete adjudication on whether the due process is followed during the seizure, Mr. Santhosh should have been heard and the materials scrutinized to verify whether indeed a gold chain was pledged. The decision without examining the person who has actually pledged the chain and the records in that regard has - 5 - HC-KAR NC: 2026:KHC:9545 WP No.1434/2026 resulted in an order that cannot be sustained. Hence, the following. ORDER [a] The petition is allowed-in-part quashing the fourth respondent's order dated 20.09.2025 restoring the proceedings to the fourth respondent for due consideration. [b] The petitioner shall appear before the fourth respondent [the District Police Complaint Authority] without further notice on 02.03.2026 and it shall be open to the petitioner to file the affidavit of the person who has pledged the chain and furnish all the documents. [c] If the petitioner fails to produce the affidavit and the documents as aforesaid, the fourth respondent will - 6 - HC-KAR NC: 2026:KHC:9545 WP No.1434/2026 be at liberty to draw appropriate inferences. Sd/- (B M SHYAM PRASAD) JUDGE RB