- 1 - HC-KAR CNR: KAHC010815172025 NC: 2026:KHC:37465 CRL.P No. 16966 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16966 OF 2025 BETWEEN: SHRI DEVARLAL AGED ABOUT 52 YEARS, S/O. DURGA RAM, AT:NO.142, PANCHAM NAGAR, RAMDEV ROAD, PALIMARVAR DISTRICT, RAJASTHAN STATE – 306 401. …PETITIONER (BY SRI DILIP KUMAR U.T., ADVOCATE) AND: STATE OF KARNATAKA BY ARASIKERE RAILWAY POLICE, ARASIKERE RAILWAY POLICE STATION, ARASIKERE, HASSAN – 573 103 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. …RESPONDENT (BY SMT.DEEPTHI ALVA, HCGP) THIS CRL.P FILED U/S 528 BNNS PRAYING TO A) SET ASIDE THE IMPUGNED ORDER DATED 25/03/2025 PASSED BY Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010815172025 NC: 2026:KHC:37465 CRL.P No. 16966 of 2025 THE HON’BLE PRL.DISTRICT AND SESSIONS JUDGE, AT CHIKKAMAGALURU IN S.C.NO.85/2024 I.E ANNEXURE-A; B) SET ASIDE THE ORDER DATED 18.04.2024 PASSED BY THE HON’BLE PRL.CIVIL JUDGE AND J.M.F.C AT KADUR IN C.C.NO.1624/2024 IN CR.NO.2/2024 I.E., ANNEXURE-B BY ALLOWING THE APPLICATION FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking the following prayers: “A) Set aside the impugned order dated 25/03/2025 passed by the Hon'ble I Addl. District and Sessions Judge at Chikkamagaluru in SC No. 84/2024. Annexure-A. B) Set aside the order dated 18/04/2024 passed by the Hon'ble Principal Civil Judge & JMFC, Kadur in CC No. 1624/2024 /2024 in Cr.No.2/2024 Annexure-B. C) Consequently allow the application filed by the petitioner; and grant such other relief/s as this Hon'ble Court deems fit in the interest of justice.” - 3 - HC-KAR CNR: KAHC010815172025 NC: 2026:KHC:37465 CRL.P No. 16966 of 2025 2. Heard Sri Dileep Kumar U.T., learned counsel appearing for petitioner and Smt Deepthi Alva, learned High Court Government Pleader appearing for respondent. 3. Facts in brief, germane, are as follows: The petitioner claims to be the victim whose gold to the tune of 120 grams was allegedly stolen by three persons by offering badam milk to him and his wife, when they were traveling in a train to visit their children at Nelamangala. Accordingly, petitioner registers a crime in Crime No.2 of 2024 on 03-01-2024 for offence punishable under Sections 328 and 379 of the IPC. The three accused appear to have converted the gold into gold ingots and now it is in the form of a bar. The petitioner files an application under Section 497 of the BNSS r/w Section and 457 of the CrPC seeking release of the gold. The gold was not in the form that it was stolen, therefore its identification became difficult and the application was rejected. The rejection of the application has driven the petitioner before this Court. - 4 - HC-KAR CNR: KAHC010815172025 NC: 2026:KHC:37465 CRL.P No. 16966 of 2025 4. The learned counsel appearing for petitioner would now submit that the accused are not appearing before the concerned Court and a direction be issued to the concerned Court to dispose the subject proceedings itself within a time frame. 5. In the light of the issue being in a narrow compass, I deem it appropriate to direct the concerned Court to dispose C.C.No.1624 of 2024 within an outer limit of 4 months from the date of receipt of the copy of the order. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 2 Sl No.: 81