- 1 - HC-KAR CNR: KAHC010514662024 NC: 2026:KHC:54419 WP No. 24525 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO.24525 OF 2024 (GM-RES) BETWEEN: MANAPPURAM FINANCE LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT MANAPURAM HOUSE, A.O. VALAPAD, TRISSUR DISTRICT, KERALA -680 567, HAVING ONE OF ITS BRANCH AT BUILDING NO. 155/142/138/142/124/1, BEGUR MAIN ROAD, HONGASANDRA, BENGALURU DT., PIN-560 068 REP. BY ITS AREA HEAD, THE AUTHORISED OFFICER, ASHOK E. …PETITIONER (BY SRI. ANISH JOSE ANTONY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE STATION HOUSE OFFICER/ INVESTIGATION OFFICER, SUBRAMANYAPURA POLICE STATION, Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010514662024 NC: 2026:KHC:54419 WP No. 24525 of 2024 GUBBALAALA MAIN RD, UTTARAHALLI HOBLI, BENGALURU, KARNATAKA-560 061. …RESPONDENTS (BY SRI. M. SRINIVAS KUMAR, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE FORCEFUL SEIZURE OF GOLD ARTICLES FROM THE PETITIONER UNDER THE GUISE OF THE INVESTIGATION OF THE CRIME NO. 431/2017 BY THE R-2 IS IN VIOLATION OF ARTICLE 14 AND 19(1)(G) AND THE 21 OF THE CONSTITUTION OF INDIA VIDE ANNX-J AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL ORDER The petitioner a Gold Finance Company is before this Court seeking declaration that the seizure of gold ornaments/articles from the petitioner during the investigation of Crime No.431/2017 initiated by respondent No.2 is in violation of Article 19(1)(g) of the Constitution of India. The petitioner has also sought for writ of mandamus directing the respondents to return the gold articles seized from the petitioner in terms of mahazar dated 11.11.2017. Alternatively, if the seized - 3 - HC-KAR CNR: KAHC010514662024 NC: 2026:KHC:54419 WP No. 24525 of 2024 gold articles are not available with respondent No.2, to issue direction to respondent No.2 to return the similar gold articles with the same weight, quality and purity etc. 2. Leaned counsel for the petitioner submits that the criminal prosecution lodged pursuant to Crime No.431/2017 in CC.No.4774/2018 is ended in a judgment of acquittal dated 06.12.2015 holding that the prosecution has failed to prove the alleged theft occurred at the house of P.W.2 in the said case. In the light of the judgment of acquittal, the interim custody of the ornaments, which was granted in favour of P.W.2 was made absolute. 3. Learned counsel for the petitioner further submits that the judgment of acquittal is not challenged by the petitioner. Learned counsel further places reliance on the judgment of the Hon’ble Supreme Court in the case of Hiralal Babulal Soni Vs. The State of Maharashtra & Ors.1, and points out that if the identity of the seized 1 2025 SCC ONLINE 437 - 4 - HC-KAR CNR: KAHC010514662024 NC: 2026:KHC:54419 WP No. 24525 of 2024 property is not proved as a stolen property, then the Vijaya Bank which was the party in the said proceedings was made disentitled for possession of the seized gold articles. 4. The facts and circumstances obtaining in the present case and the decision cited by the learned counsel for the petitioner are more or less similar. 5. Taking note of the aforesaid developments and also applying the ratio laid down by the Hon’ble Supreme Court in the judgment referred to supra, the prayer sought in the writ petition cannot be granted. However, it is open for the petitioner to avail any other available legal remedies. Accordingly, writ petition is disposed of. Sd/- (T.P.VIVEKANANDA) JUDGE PB, List No.: 1 Sl No.: 42