Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 48098 (KAR)

BANK OF INDIA v. THE COMMISSIONER OF POLICE

WP/13516/2025 · 2026-01-20

B M Shyam Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:3088 WP No. 13516 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 13516 OF 2025 (GM-POLICE) BETWEEN: BANK OF INDIA BANASHANKARI BRANCH, OFFICE AT NO.2, BHARATH MANSION, 100 FEET RING ROAD, BSK 3RD STAGE, 4TH BLOCK, BANASHANKARI, BENGALURU- 560 085. REPRESENTED BY ITS SENIOR MANAGER, SMT SHALINI, WIFE OF VIJAY SINGH, AGED ABOUT 33 YEARS …PETITIONER (BY SMT. SANGEETHA S., ADVOCATE FOR SRI. B S JEEVAN KUMAR.,ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE NO. 1, INFANTRY ROAD, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3088 WP No. 13516 of 2025 BENGALURU-560 001. 2. SUB INSPECTOR AND POLICE GOVINDARAJANAGAR POLICE STATION VIJAYANAGAR SUB-DIVISION, BENGALURU-560040. …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 13.03.2025, 24.03.2025, 07.04.2025 ISSUED BY THE SECOND RESPONDENT (ANNEXURE-M,N,P) TO EXTENT CALLING UPON THE PETITIONER TO FURNISH THE PHYSICAL POSSESSION OF THE GOLD. 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:3088 WP No. 13516 of 2025 ORAL ORDER The petitioner is aggrieved by the notices issued by the jurisdictional Police to the hand over custody of certain gold jewellery. This Court, on 29.04.2025, has directed the respondents not to insist on the petitioner to surrender the jewellery while also stipulating that the petitioner shall not alter the nature of the ornaments. The Station House Officer, notwithstanding this order, has recovered custody of the gold jewellery on 03.05.2025 under a mahazar. When this is brought to this Court's notice on 17.09.2025, this Court has thought it fit to call for a response from the Sub-Inspector of Police observing that this report would be necessary to ensure that the cause of the present nature where there is an interim order is duly complied with all circumspection. In response, the Sub-Inspector of Police has stated that because this Court's order dated - 4 - HC-KAR NC: 2026:KHC:3088 WP No. 13516 of 2025 29.04.2025 was not reflected on the website he bona fide believed that there was no interim order and proceeded to recover possession of the jewellery in PF No.71/2025 and the same is submitted before the learned Magistrate. The affidavit filed by the Sub- Inspector in its material part reads as under: "7. I respectfully submit that the petitioner had issued a legal notice dated 05.05.2025, calling upon me to return the gold ornaments to the Bank, which were seized on 03.05.2025 under the Mahazar dated 03.05.2025. A true copy of the said notice dated 05.05.2025 is produced and marked as Annexure-R1. In response, I had replied on 12.05.2025, duly explaining the circumstances under which the gold was seized and clarifying that the jewellery seized had already been submitted before the Court, for which a P.F. number. Accordingly, there was no possibility of any alteration, misuse, or destruction of the said jewellery. I had further stated that we would abide by and comply with any orders passed by the Hon'ble Court or the Trial Court regarding the release of the seized gold jewellery in favour of the concerned party. A copy of my reply dated - 5 - HC-KAR NC: 2026:KHC:3088 WP No. 13516 of 2025 12.05.2025 is produced and marked as Annexure - R2. I respectfully submit that I hold the highest respect and regard for the orders of this Hon'ble Court. I have never willfully disobeyed or violated any order passed by this Hon'ble Court. If any act on my part has caused any inconvenience, I tender my unconditional and sincere apology. The same was neither intentional nor deliberate, but occurred due to bona fide reasons as explained hereinabove." In the turn of events, and because the petitioner can make an application in the pending proceedings for interim custody of the jewellery, the petition stands disposed of without prejudice to such right. The explanation offered by the Station House Officer is also found to be satisfactory. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE