IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2572 OF 2025 (GM-RES)

BETWEEN:

1 . MANAPPURAM FINANCE LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING REGISTERED OFFICE AT MANAPURAM HOUSE, A.O. VALAPAD TRISSUR DISTRICT, KERALA-680567.

HAVING ITS BRANCH OFFICE AT MALLESHWARAM DULY REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. SELVAM .C ...PETITIONER (BY SRI. ANISH JOSE ANTONY, ADVOCATE)

AND:

Digitally signed by CHAITHRA A Location: HIGH COURT OF 1 . STATE OF KARNATAKA KARNATAKA BY STATION HOUSE OFFICER CHENNAMMANAKERE ACHU KATTU PS REPRESENTED BY HCPP HIGH COURT OF KARNATAKA BANGALORE-560001.

2 . KARTHIK .M S/O MUNIYAPPA NO. 2, AMRUTHANILAYA

6^TH MAIN, REVENUE LAYOUT BSK 3^RD STAGE BANGALORE KARNATAKA-560085.

…RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1;

SRI. B.N. ANJAN KUMAR, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 19.09.2020 PASSED BY THE 2^ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN CC NO. 28789/2019 TO AN EXTENT OF MAKING THE INTERIM CUSTODY OF ARTICLES SEIZED IN PF NO. 26/2019 DATED 20.03.2019 AND PF NO. 27/2019 DATED 08.03.2019 GRANTED TO THE 2^ND RESPONDENT MAKING ABSOLUTE AND FOR FURTHER DIRECT 2^ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE TO PASS ORDERS UNDER SECTION 452 OF CRPC IN CC NO 28789/2019 WITH REGARD TO THE ARTICLES SEIZED IN PF NO. 26/2019 DATED 20.03.2019 AND PF NO. 27/2019 DATED 08.03.2019 DE NOVO AFTER HEARING THE PETITIONERS WITHIN A PERIOD OF ONE MONTH.

THIS WRIT PETITION COMING ON FOR FURTHER HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: CORAM: HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition challenges the order dated

19.09.2020 passed in C.C.No.28789/2019, whereby the learned Magistrate, after recording the settlement in the Lok-Adalat, made the interim custody of certain gold articles (seized in P.F.Nos.26/2019 & 27/2019) absolute in favour of respondent No.2.

2. The petitioner, a Non-Banking Financial Company (NBFC) which advanced loans against pledged gold seeks that the said portion of the order (making interim custody absolute) be set aside and that the matter be remitted to the learned Magistrate to hold an enquiry under Section 452 of Criminal Procedure Code, 1973 ('Cr.P.C.' for short) and to pass appropriate orders after giving notice to all persons claiming interest.

3. The petitioner is an established NBFC with nationwide presence. The petitioner advanced loans to Sri. Dage Chetan, Sri. Tambe Rajesh and Tambe Sunitha in the year 2018 and 2019 against pledges of gold ornaments. A complaint came to be registered in Crime No.47/2019 alleging offences under Sections 379 and 420 of IPC. The Investigating Officer issued notice under Section 91 Cr.P.C. and seized the gold articles (recorded as P.F.Nos.26/2019 & 27/2019). Interim custody of the seized articles was given during investigation and, following settlement before the Lok-Adalat, the trial Court made the interim custody absolute in favour of respondent No.2, without hearing the petitioner. The petitioner contends it is a bona fide pledgee and has a civil right/claim to possession which was not adjudicated.

4. The petitioner's counsel reiterating the grounds has placed reliance on the following judgments:

1) Nevada Properties (P) Ltd. vs. State of Maharashtra, (2019) 20 SCC 119;

2) N.Madhavan vs. State of Kerala - (1979) 4 SCC 1;

3) Hiralal Babulal Soni vs. State of Maharashtra - 2025 SCC Online SC 437;

4) Yes Bank vs. State of UP and Others - Criminal Appeal No.207/2023;

5) Muthoot Fincorp Ltd. vs. The SHO and Others -

Criminal Appeal No.1026/2024;

6) Shimoga District Central Co-operative Bank Limited, Shimoga vs. Karnataka Food and Civil Supplies Corporation, Bangalore - 2003 SCC Online Kar 831;

7) Kasturi Lal Ralia Ram Jain vs. State of UP - 1964 SCC Online SC 38;

8) Union Territory of