IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL APPEAL NO. 239 OF 2025 BETWEEN:

SATHISH KUMAR. A @

SATHISH KUMAR ANAND @

SATHISH KUMAR GUPTA, S/O. ANAND KUMAR GUPTHA, AGED ABOUT 31 YEARS, R/AT NO. 331, 2^ND FLOOR, 2^ND CROSS, BDA EWS SECTOR, VENKATESHWARA LAYOUT, J. P. NAGAR, 8^TH BLOCK, BENGALURU- 560 078.

…APPELLANT Digitally (BY SRI. K RAVISHANKAR., ADVOCATE)

signed by LAKSHMI T Location:

AND:

High Court of Karnataka

1. THE STATE OF KARNATAKA BY HULIMAVU POLICE STATION, BENGALURU-560 076.

REPRESENTED BY THE OFFICE OF THE SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

2. KANCHAN AGARWAL, W/O HARIKISHAN AGARWAL, MAJOR, 3. HARIKISHAN AGARWAL, S/O GANESHILAL AGARWAL, AGED ABOUT 75 YEARS, RESPONDENT NO.2 AND 3 ARE RESIDING AT NO.285, PINK CITY, MOHAN ROAD, LUCKNOW, UTTAR PRADESH- 226 017.

[CAUSE TITLE AMENDED V/O DTD 14.03.2025]

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

SRI. BOJAPPA.K.K., ADVOCATE FOR R2 AND R3)

THIS CRL.A IS FILED U/S 454(1) OF CR.P.C PRAYING TO ALLOW THIS APPEAL AND CONSEQUENTLY SET ASIDE THE ORDER DTD 03.10.2024 PASSED IN SC.NO.1387/2010 PASSED BY THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, IN SO FAR AS IT RELATES TO REJECTION OF CLAIM FOR RELEASE OF GOLD ORNAMENTS SEIZED AS PER EX.P33 AND RETURN OF LOCKER KEY AS PER MO45.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

Appellant, a convict filed an application before the trial Court under Section 452 of Cr.P.C., for release of seized gold articles under Ex.P33, laptop, mobile phones and locker key-

MOs.4 to 6, MO.36 and MO.37 to his custody, which application has been partly allowed by the learned Sessions Judge, vide order dated 03.10.2024, which is challenged in this appeal filed under Section 454(1) of Cr.P.C.

2. The appellant / applicant was convicted vide Judgment dated 28.07.2017 by the Court of the Principal City Civil and Sessions Judge at Bengaluru in S.C.No.1387/2010, for the offence punishable under Section 302 of IPC, for committing the murder of his wife. He was sentenced to undergo Rigorous Imprisonment for life with fine of Rs.25,000/-, in default of payment of fine, to further undergo Simple Imprisonment for 6 months.

3. Judgment and order of conviction and sentence passed by the trial Court was confirmed by this Court in Crl.A.No.1586/2017 vide judgment dated 27.09.2018. It is not in dispute that the SLP(Crl.)No.6990/2021 preferred against the said judgment was also dismissed by the Apex Court on 23.02.2022.

4. After release of the appellant, he filed the application under Section 452 of Cr.P.C. before the trial Court, for release of gold ornaments, Bank locker-key etc. The learned Sessions Judge vide impugned order, partly allowed the said application. The prayer was accepted insofar as return of MO4-Nokia mobile phone, MO5-Motorola mobile phone, MO6-Samsung mobile phone and the laptops marked as MO.36 and MO.37. However insofar as release of the gold ornaments seized under a mahazar at Ex.P33 and the prayer to return the locker key marked as MO.45 was rejected. 5. It is the contention of the learned counsel for the appellant that the gold ornaments are purchased by the appellant and before the trial Court, he has placed all the materials to substantiate his claim. There was no rival claim, as such the trial Court was not justified in rejecting his prayer for release of the gold ornaments and the locker key. He contended that the locker was maintained in Syndicate Bank and it is standing in the joint name of the appellant and his deceased-wife and appellant being the sole nominee and that being so, the trial Court ought to have released the locker key to the appellant. He further contented that the locker key and the gold ornamen