IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE D K SINGH

WRIT PETITION NO. 28364 OF 2025 (GM-POLICE)

BETWEEN:

1. MR B C GOVINDAIAH

S/O LATE CHIKKAVENKATARAMANAPPA

AGED ABOUT 65 YEARS

R/AT BYCHAPURA VILLAGE,

LAKKENAHALLI DAKLE,

SOLUR HOBLI, MAGADI TALUK, RAMANAGARA

DISTRICT- 562 120

…PETITIONER

(BY SRI. BHARGAV G., ADVOCATE)

AND:

1. THE STATION HOUSE OFFICER

KUDUR P.S., MAGADI SUB-DIVISION,

RAMANAGARA DISTRICT- 561 101

Digitally signed

by

SHARADAVANI

B

2. MANAPPURAM FINANCE LTD.

Location: High

Court of COMPANY INCORPORATED UNDER

Karnataka

COMPANIES ACT, 1956

HAVING ITS OFFICE AT BUILDING NO.591/722

1ST FLOOR, KEMPANNA,

B.M. ROAD, SOLUR,

RAMANAGARA DISTRICT - 562 127 ALSO AT BUILDING NO.1469/1767,

1ST FLOOR, RAJAMMA COMPLEX,

OPP. KSRTC BUS STAND,

B.H.ROAD, NELAMANGALA,

BENGALURU DISTRICT - 562 123 REPRESENTED BY ITS MANAGER

3. MS. NIVEDITHA D/O MR. MUNIRAJU AGED ABOUT 37 YEARS SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 120 …RESPONDENTS (BY SRI. S.H. RAGHAVENDRA, AGA FOR R1 SRI. M.V. HIREMATH, ADVOCATE FOR R2 (VK NOT FILED)

VIDE ORDER DATED 27.10.2025, NOTICE TO R3 IS DEFERRED FOR NOW)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1 - POLICE TO TAKE IMMEDIATE STEPS TO RECOVER AND SEIZE THE GOLD ORNAMENTS PLEDGED BY RESPONDENT NO.3 WITH RESPONDENT NO.2 - NBFC, AND THEREAFTER HAND OVER THE SAME TO THE PETITIONER AND HIS WIFE, BEING THE RIGHTFUL OWNERS.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH

ORAL ORDER

The present writ petition has been filed seeking the following prayers:

"Wherefore, in the light of the facts and circumstances stated hereinabove, the Petitioner most respectfully prays that this Hon'ble Court be pleased to:

a) Issue a Writ of Mandamus or any other appropriate writ, order, or direction directing Respondent No.1-Police to take immediate steps to recover and seize the gold ornaments pledged by Respondent No.3 with Respondent No.2-NBFC, and thereafter hand over the same to the Petitioner and his wife, being the rightful owners;

b) Further issue a Writ of Mandamus or any other appropriate writ, order, or direction directing Respondent No.1 to include/arraign the officers and employees of Respondent No.2 AT ANNETURE-A as co-accused I Crime No. 244/2023 pending before the Court of the Additional Civil Judge and JMFC, Magadi, Ramanagara District and to take consequential action against them in accordance with law;

c) Pass such other and further order/s as this Hon'ble Court may deem fit, proper and expedient in the interest of justice and equity."

2. The writ petitioner has an appropriate remedy of approaching the concerned Magistrate and Writ Court cannot direct or grant the prayer as prayed for in the writ petition. Therefore, the writ petition is dismissed with liberty to the petitioner to take recourse to the appropriate remedy under the civil law, as may be available to him. Public law remedy under Article 226 of the Constitution of India is not amenable to the petitioner.

For a period of two weeks, the second respondent will not alienate the gold ornaments of petitioner's wife.

Sd/-

(D K SINGH)

JUDGE BSV List No.: 1 Sl No.: 48