Court set aside magistrate's order for cash release to tax authorities, directing it instead to the petitioner, based on unique case circumstances and pending assessment.

ORAL ORDER

In Crl.P.No.11391/2024 the petitioner seeks the following relief:

HC-KAR "Wherefore it is respectfully prayed that this Hon'ble Court may be pleased to call for records and revoke the condition imposed with regard to filing of indemnity bond vide order dated 23.05.2023 passed by the MMTC (TRAFFIC VI) Bangalore in Crime No.38/2023, in favour of the petitioner in the interest of justice and equity."

2. In W.P. No.17204/2024 the petitioner seeks the following reliefs:

1. Issue writ of certiorari or any other appropriate writ or order or direction to quash order dated 26.05.2023 passed in favour of he respondent No.2 in Crime No.38/2023 passed by VIth Metropolitan Magistrate Traffic Court, Bengaluru produced at Annexure -A; in so far as petitioner is concerned.

2. Issue writ of mandamus or any other appropriate writ or order or direction in Crime No.38/2023 to pass orders on B Report filed by Respondent No.1 Police on 15.03.2023 pending HC-KAR before VIth Metropolitan Magistrate Traffic Court, Bengaluru produced at Annexure - S.

3. Issue writ of mandamus or any other appropriate writ or order or direction to accept the Application under Sections 451 and 457 Cr.P.C. dated 10.07.2023 in Crime No.38/2023 filed by petitioner pending before VIth Metropolitan Magistrate Traffic Court, Bengaluru, produced at Annexure - R;

4. Pass any other order/s that this Hon'ble Court deems fit in the interest of justice.

3. Heard learned Senior counsel for the petitioner in WP No.17204/2024 and learned counsel for the respondent - revenue and perused the material on record.

4. A perusal of the material on record will indicate that the respondent No. 1 - police in WP No.17204/2024 registered a FIR in Crime No.38/2023 against the writ HC-KAR petitioner for alleged offences punishable under Section 98 of the Karnataka Police Act.

5. In pursuance of the said FIR in Crime No.38/2023, the first respondent police authorities seized a sum of Rs.49,79,500/- (Rupees Forty-nine Lakh Seventy-nine Thousand and Five Hundred only). Prior to filing of the 'B' report, the Income Tax Department/Revenue filed an application under Sections

451 and 457 of Cr.P.C.

6. The petitioner in WP No.17204/2024 filed an application seeking release of the money. During pendency of the said application, a 'B' report came to be filed, to which the Income Tax Department / Revenue has filed a protest petition which is pending adjudication. Meanwhile the Income Tax Department / Revenue filed an application under Sections 451 and 457 seeking release of the seized cash which came to be allowed by the learned Magistrate vide order dated 23.05.2023.

HC-KAR

7. W.P. No.17204/2024 is filed by Allure Ventures LLP Limited, in which the company/employer of the accused challenging the impugned order dated 23.05.2023 passed by the leaned Magistrate directing release of the aforesaid amount in favour of the Income Tax Department. Similarly, the Income Tax Department / Revenue has filed Crl.P. No.11391/2024 seeking relaxation of certain conditions contained in the impugned order. 8. A perusal of the aforesaid facts and circumstances and the material on record will indicate that in the first instance, pursuant to the registration of the FIR in Crime No.38/2023 the said police authorities seized the aforesaid sum of Rs.49,79,500/- (Rupees Forty-nine Lakh Seventy-nine Thousand and Five Hundred only) from the accused in relation to which an application under Sections 451 and 457 filed by the accused is still pending consideration. Further, in the meanwhile the learned Magistrate passed the impugned order directing release of HC-KAR the aforesaid amount in favour of the Income Tax Department. In this context, it is pertinent to note that simultaneously the Income Tax Depart