Seized property, particularly cash, should be released to the rightful owner via interim custody upon providing security and panchnama, especially when there is no rival claimant, to avoid unnecessary and prolonged police custody.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE ORDER DATED 15.12.2025 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, IN CRL.R.P.NO.108/2025, THE ORDER DATED 15.12.2025 IS HEREWITH FURNISHED AND MARKED AS ANNEXURE – A; ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, TO QUASH THE ORDER DATED 30.10.2025 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, CHALLAKERE, IN CRIME NO.396/2025 OF CHALLAKERE POLICE STATION (C.C. NO.2274/2025), THE ORDER DATED 30.10.2025 IS HEREWITH FURNISHED AND MARKED AS ANNEXURE – B; AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER DATED 17/10/2025 ANNEXED AS ANNEXURE K., BY DIRECTING THE RESPONDENT NO.1, TO RELEASE THE CASH AMOUNTING TO RS.96,96,800/-, SEIZED AND REPORTED UNDER PF NO.240/2025 DATED 27/08/2025 ANNEXED AS ANNEXURE F AND PF NO.238/2025 DATED 26/08/2025 ANNEXED AS ANNEXURE G IN CRIME NO.396/2025 OF CHALLAKERE POLICE STATION (C.C. NO.2274/2025), IN FAVOUR OF THE PETITIONER HEREIN.

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

CORAM:

HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before the Court seeking the following prayer:

“45. Issue a writ of Certiorari or any other appropriate writ, order or direction to quash the order dated 15.12.2025 passed by the Principal District & Sessions Judge, Chitradurga, in Crl.R.P. No.108/2025, The order dated 15.12.2025 is herewith furnished and marked as Annexure - A

46. Issue a writ of Certiorari or any other appropriate writ, order or direction, to quash the order dated 30.10.2025 passed by the Principal Civil Judge & JMFC, Challakere, in Crime No.396/2025 of Challakere Police Station (C.C. No.2274/2025), The order dated 30.10.2025 is herewith furnished and marked as Annexure- B.

47. And consequently allow the application filed by the Petitioner dated 17/10/2025 annexed as Annexure K., by directing the Respondent No. 1, to release the cash amounting to Rs.96,96,800/-, seized and reported under PF No.240/2025 dated 27/08/2025 annexed as Annexure-F and PF No.238/2025 dated 26/08/2025 annexed as Annexure G in Crime No.396/2025 of Challakere Police Station (C.C. No.2274/2025), in favour of the Petitioner herein.

48. Grant such other and further reliefs as this Hon'ble Court may deem fit in the interests of justice and equity.”

2. Heard Sri Arunachalam Shivakumar, learned counsel for petitioner and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for the respondent.

3. The story would commence from the journey of the petitioner and his wife in a Car, which undertook from Bangalore to Bellary to register a land and to finalise the marriage arrangements of their daughter. They stopped at Udupi Garden Hotel, at Challakere, finished their lunch and when they come back to the Car, neither the Car, nor the cash that was in the Car found and the driver was also found absconding. Immediately a complaint comes to be registered in Crime No.396/2025. The very next two days, i.e., on 26.08.2025 and 27.08.2025, the police trace out the driver, seized the cash and registered the recovered cash in P.F.Nos.238 and 240 of 2025. Seizure of the cash is reported to the learned Magistrate on 27.08.2025.

4. The petitioner then files an application under Section 503 of the BNSS seeking interim custody of the seized cash. On 21.10.2025,