- 1 - HC-KAR NC: 2026:KHC:35495 WP No. 20208 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20208 OF 2026 (GM-RES) BETWEEN: SRI. K.J. DILIP RAO, S/O. LATE K. J. RAO, AGED ABOUT 72 YEARS, NO. 196, 10TH MAIN, 3RD CROSS, 2ND BLOCK, HMT LAYOUT, VIDYARANYAPURA, BANGALORE CITY - 560 097. …PETITIONER (BY SRI. SARAVANA S, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH STATION HOUSE OFFICER, VIDYARANYAPURA POLICE STATION, BANGALORE CITY - 560 097. REPT. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS, 2023 PRAYING TO QUASH THE CONDITION NO.2 IN THE RELEASE Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35495 WP No. 20208 of 2026 ORDER DTD. 06.12.2024 PASSED BY THE VII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE CITY IN CRIME NO. 427/2024 OF VIDYARANYAPURA POLICE STATION, AS PER ANNX-C TO THE EXTENT IT PROHIBITS THE PETITIONER FROM SELLING THE VEHICLE HONDA CITY CAR BEARING REGISTRATION NO. KA-03-MW-8658. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court claiming to be aggrieved by condition No.2 of the vehicle release order dated 06.12.2024 in crime No.427/2024. 2. Heard Sri. Saravana S., learned counsel appearing for the petitioner and Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1. 3. The petitioner registers a complaint, which is now pending in trial in S.C.No.586/2025. The petitioner being the complainant contending that he is the rightful owner of a vehicle Honda City that became the subject matter of PF, filed - 3 - HC-KAR NC: 2026:KHC:35495 WP No. 20208 of 2026 an application before the learned Magistrate seeking its release. The learned Magistrate does allowed the application and passed a release order on 06.12.2024. The order reads as follows: "RELEASE ORDER You are hereby directed to release the properties Vehicle/gold/mobile i.e. Item.NO.1. Honda City 1.5 rx crT car bearing No KA-03-NW-8658 the which was seized under P.F.No 202 & 204 in the above case to the interim custody of the Petitioner Sri/Smt. K.J. Dilip Rao after obtaining proper acknowledgment from the petitioner with a direction to the petitioner to produce the same before the Court or before the I.O whenever it is called for as per the conditions mentioned below. Condition: 1) The applicant/claimant shall not change the identity of the Vehicle/silver/mobile or modify the same. 2) The applicant/claimant shall not sell the Vehicle/silver/mobile till dispose of the case and shall not be Used to commit any other crime. 3) The applicant/claimant shall produce the Vehicle/silver/mobile as and when directed by this court. 4) The applicant/claimant, shall produce the photo and CD before getting interim custody of the Vehicle/silver/mobile. 5) The I.O. shall take the photographs of the seized Vehicle/silver/mobile in question at the cost of the petitioner and shall conduct panchanama at the time of releasing the said seized articles in question and shall produce the same to the court." - 4 - HC-KAR NC: 2026:KHC:35495 WP No. 20208 of 2026 The petitioner is aggrieved by condition No.2. The condition is that he shall not sell the vehicle, till the disposal of the case or shall not be used to commit any other crime. 4. Commit any other crime is acceptable. The petitioner should not commit any other crime using the vehicle, but does not mean that the vehicle cannot be sold during the subsistence of the proceedings. Therefore, the said condition stands obliterated, except to the extent that the petitioner shall not use the vehicle for commission of any other crime to the aforesaid extent. 5. With the aforesaid observation, the petition stands allowed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 68