This appeal is preferred by accused Nos.1 and

2/appellant Nos.1 and

2 against the order

dated

19.03.2019 passed on application filed under Section 452

of Cr.P.C. in S.C.No.95/2014 by the II Addl. District and

Sessions Judge, Chikkamagaluru.

2.

The brief facts of the case are that the

respondent police, after completion of investigation, filed

charge sheet for the offences punishable U/Sec. 143, 144,

147, 148, 504, 506, 307, 324, 326 r/w.149 of Indian Penal

Code and U/Sec.25 of the Arms Act. During investigation,

on 17.08.2014 the respondent police seized one SBML

BIRMING

HAM,

SMALL

ARMS

CO.LTD.,

ENGLAND

NO.20920

GUN

under

P.F.No.143/2014,

from

K.B.Manjunatha -appellant No.1 and on 23.03.2014 seized

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SINGLE BARREL WEBLEYI SCOTT LTD., BIRMING HAM,

MADE IN ENGLAND NO.47906 GUN under P.F.No.39/2014

from K.C.Sathish-appellant No.2. The appellants and

others were tried for the above said offences. The learned

Sessions Judge, after appreciating the entire material on

record, was pleased to acquit all the accused by order

dated 17.03.2018 in S.C.No.95/2014. The appellants filed

applications U/Sec.452 of Cr.P.C. for release of the above

said guns seized from them before the II Addl. District and

Sessions Judge, Chikkamagaluru in S.C.No.95/2014. The

learned Sessions Judge rejected the said applications by

his order dated 19.03.2019. Being aggrieved by the said

order passed by the court below, the present appeal is

filed before this Court.

3.

I have heard the arguments on both sides

and perused the records.

4.

The respondent Aldur Police have filed

charge sheet against the accused Nos.1 to 12 for the

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commission of offence punishable under Sections 143,

144, 147, 148, 504, 506, 307, 324, 326 r/w.149 of Indian

Penal Code and U/Sec.25 of the Arms Act.

5.

After committal, the case was registered

against the accused in S.C.No.95/2014 on the file of II

Addl. District and Sessions Judge, Chikkamagaluru. After

trial, the learned Sessions Judge has acquitted all the

accused for commission of the alleged offence punishable

under Sections 143, 144, 147, 148, 504, 506, 307, 324,

326 r/w.149 of Indian Penal Code and U/Sec.25 of the

Arms Act.

6.

Learned HCGP Sri. M.R. Patil submitted

that the prosecution has not preferred any appeal against

the judgment of acquittal passed by the Sessions Judge.

He further stated that in para No.27 of the judgment, the

Trial Court has observed that M.O.Nos.6 and 12 are the

fire arms used in this case. None of the accused have

claimed these fire arms and the seizure of these fire arms

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is also not proved in accordance with law. Therefore in

the absence of any claim, these fire arms are liable to be

confiscated to the State after the appeal period. No

appeal

is

preferred

by

the

State

or

by

the

complainant/victim.

After

disposal

of

the

case,

Sri. K.B.Manjunatha and Sri. K.C.Satish who are the

appellant Nos.1 and 2 herein, have filed application under

Section 452 of Cr.P.C. for release of M.O.Nos.6 and 12.

On hearing the arguments on both sides, the Trial Court

has passed the order on 19.03.2019 on the application

filed under Section 452 of Cr.P.C. by the applicants namely

Sri. K.B. Manjunatha and Sri. K.C.Satish, which reads as

under:

"The applicants namely Sri. K.B.Manjunath

and Sri. K.C. Satish have filed two separate

applications u/sec. 452 of Cr.P.C. seeking

custody of their two S.B.B.L. Guns vide

No.20920 and No.47906 which are seized

under P.F.No.143/2014 dated 17.08.2014 and

under

P.F.39/2014

dated

23.03.2014

respectively in Crime No.71/2014.

This Hon'ble Court has acquitted the accused

persons vide order dated 17.03.2018 for the

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offences p/u/sec. 143, 144, 147, 148, 504,

506, 307, 324, 326 r/w 149 of Indian Penal

Code.

In the order portion of the judgment passed

in S.C.No.95/2014, this Court has ordered

that M.O.6 and M.O.12 SBBL guns and M.O.7

and 8 live cartridges are ordered to be

confiscated to the State after the appeal

period.

As r