- 1 - HC-KAR NC: 2026:KHC:26784-DB CRL.A No. 697 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 697 OF 2026 (21(NIA) BETWEEN: ABDUL RAHIMAN S/O HASANABBA AGED ABOUT 45 YEARS R/AT 1-47/11, JARI ROAD, MALAVOOR VILLAGE, BAJPE, MANGALORE, DAKSHINA KANNADA-574142. …APPELLANT (BY SRI. MUHAMMAD IRSHAD M. H., ADVOCATE) AND: NATIONAL INVESTIGATION AGENCY BENGALURU REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001 …RESPONDENT (BY SRI. P. PRASANNA KUMAR, SPL. PP.) THIS CRL.A IS FILED U/S 21(1) OF THE NIA ACT 2008 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.03.2026 PASSED BY THE XLIX ADDL.CITY CIVIL AND SESSION JUDGE BENGALURU CCH-50 IN SPL.C.NO.2400/2025 REGISTERED UNDER NIA FIR AS RC-01/2025/NIA/BLR IN SPECIAL COURT FOR THE TRIAL OF NIA COURT AND ETC. Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26784-DB CRL.A No. 697 of 2026 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) The appellant is before this Court in this appeal, being aggrieved by the rejection of his application filed under Section 497 of the BNSS, 2023 seeking release of the properties i.e., two mobile phones mentioned in PF.No.36/2025. 2. The appellant is cited as CW-52 in the charge sheet filed by the respondent/NIA, pending in Spl.C.No.2400/2025 on the file of the Court of XLIX Addl. City Civil and Sessions Judge, (Special Court for the trial of NIA cases) at Bengaluru. During the course of investigation, two mobile phones were seized from the possession of the appellant under PF.No.36/2025. The Special Court rejected the application seeking custody of - 3 - HC-KAR NC: 2026:KHC:26784-DB CRL.A No. 697 of 2026 the mobile phones on the ground that the appellant has not produced any documents to show that he is the lawful owner of the properties seized and the scrutiny of the same is still pending. 3. The learned Special Public Prosecutor appearing for respondent/NIA has filed a memo wherein, it is stated that the mobile phones were subsequently sent to Forensic Science Laboratory for extraction of data and the data has been received and subjected to scrutiny. On scrutiny of the said data, there is nothing incriminatory material forthcoming against the appellant. The learned Spl.P.P submits that, since scrutiny is completed, the respondent has no objection for the release of the mobile phones in favour of the appellant. 4. Memo is placed on record. 5. In view of the memo filed by the respondent/ NIA, the appeal deserves to be allowed. Accordingly, the following: - 4 - HC-KAR NC: 2026:KHC:26784-DB CRL.A No. 697 of 2026 O R D E R i) Appeal is allowed; ii) The order dated 16.03.2026 passed in Spl.C.No.2400/2025 by the XLIX Addl. City Civil and Sessions Judge, (Special Judge for the trial of NIA Cases) (CCH-50), Bengaluru is hereby set aside; iii) The Special Court is directed to release the properties i.e., two mobile phones seized under PF.No.36/2025 to the appellant. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 12