IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33144 OF 2025 (GM-POLICE)

BETWEEN:

MUTHOOT FINANCE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HEAD OFFICE AT MUTHOOT CHAMBERS, OPP. SARITHA THEATRE COMPLEX , BANERJEE ROAD, KOCHI - 682018 HAVING ONE OF ITS BRANCH AT:

NO. 84/3, HENNUR MAIN ROAD, NEAR OIL MILL ROAD, SAIT PALYA LAYOUT LINGARAJAPURAM, BENGALURU-560084 KARNATAKA REP. BY ITS AUTHORIZED OFFICER/

Digitally signed CHIEF MANAGER, AJUMON P GEORGE.

by SHWETHA RAGHAVENDRA …PETITIONER Location: HIGH COURT OF (BY SRI. ANISH JOSE ANTONY, ADVOCATE)

KARNATAKA AND:

1. STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU- 560 001.

2. THE STATION HOUSE OFFICER/

INVESTIGATION OFFICER VIVEKNAGAR POLICE STATION, 4^TH MAIN OPPOSITE RAVI TENT EJIPURA MAIN ROAD, VIVEK NAGAR, VANNARPET LAYOUT, EJIPURA BENGALURU, KARNATAKA 560 047, INDIA …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO A) DECLARE THAT THE INTERFERENCE BY THE RESPONDENTS IN PETITIONER BUSINESS ATTEMPTING TO FORCEFULLY SEIZE THE GOLD ARTICLES PLEDGED BY IT CUSTOMERS WITHOUT FOLLOWING THE PROCEDURES UNDER SECTION 107 OF BNSS, 2023 IS ARBITRARY AND IS IN VIOLATION OF FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLES 19(1)(g) AND 21 AND THE CONSTITUTIONAL RIGHTS GUARANTEED UNDER ART.300A OF THE CONSTITUTION OF INDIA 1950 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Learned AGA accepts notice for respondents 1 and 2. 2. The contention of the petitioner is that without following the procedure under Section 107 of the BNSS, 2023, the respondents are seeking to take possession of the gold which has been pledged with the petitioner.

3. The provision of Section 107 of BNSS, 2023 being very clear, it is but required for the authorities to follow the said procedure before seizure of the gold articles, if any, pledged by the customers with the petitioner.

4. Needless to say if the said procedure is followed, then the seizure can be carried out.

5. In that view of the matter, I pass the following:

ORDER

(i) The respondents are restrained from seizure of any gold articles in possession of the petitioner without following the procedure under Section 107 of the BNSS, 2023.

(ii) Respondents are directed to issue necessary notice within one week from today and do the needful depending on the outcome of the said notice.

SD/-

(SURAJ GOVINDARAJ)

JUDGE SBN List No.: 1 Sl No.: 25