IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL PETITION NO.102236 OF 2023 (482 OF Cr.PC/528 OF BNSS)

BETWEEN:

SHRI JAYANAND S/O. BABURAO JADHAV, AGE: 60 YEARS, OCC: CHAIRMAN OF BEERESHWAR CO-OP. SOCIETY LTD., EXAMBA (MULTI-STATE)

AND AGRICULTURE, R/O. EXAMBA, TQ. CHIKODI, DIST. BELAGAVI-591201.

…PETITIONER (BY SRI SHIVRAJ S. BALLOLI, ADVOCATE.)

AND:

THE STATE OF KARNATAKA, THROUGH SADALAGA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by MALLIKARJUN RUDRAYYA DHARWAD BENCH, DHARWAD-580001.

KALMATH Location: High …RESPONDENT C Ka o r u n r a t t o a f ka, Dharwad Bench (BY SRI ABHISHEK MALIPATIL, HCGP)

THIS CRIMINAL PETITION FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO QUASH THE IMPUGNED ORDER DATED 22/12/2022 PASSED IN C.C.NO.544/2021 BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, CHIKODI ON IA FILED BY THE PETITIONER UNDER SECTION 457 OF THE CODE OF CRIMINAL PROCEDURE, 1973 AND ETC.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

This petition is filed under Section 482 of the Code of Criminal Procedure, 1973, Hereinafter referred to as the ‘Cr.P.C.’/Section 528 of the Bharatiya Nagarika Suraksha Sanhita, 2023, Hereinafter referred to as the ‘BNSS, 2023’, by the petitioner with the following prayer:

“Wherefore in the light of the above, this Hon’ble Court may be pleased to:-

a. Quash the impugned order dated 21/12/2022 passed in C.C.No.544/2021, by the learned I Additional Civil Judge and JMFC, Chikodi on IA filed by the petitioner under Section 457 of the Code of Criminal Procedure, 1973;

b. Pass any such other order(s) as this Hon’ble Court may deem fit on the facts and circumstances of the case to meet the ends of justice.”

2. The brief case of the prosecution is that the seized materials are gold and silver ornaments and were the subject of theft by the accused. During the course of investigation, the Police apprehended the accused and seized gold and silver ornaments, but by that time they had been melted. Therefore,

the gold and silver ornaments were seized in a melted condition. Thereafter, the petitioner has filed an application under Section 457 of Cr.P.C. seeking to release of interim custody of the seized gold and silver ornaments. The said application was allowed on 24.03.2021. It was observed that the alleged gold and silver ornaments were melted by the accused and were seized in that condition in the presence of panchas. Upon the application filed by the petitioner under Section 457 of Cr.P.C., the Trial Judge has allowed the application with some conditions and one of which was that the petitioner shall not change the nature of the property and produce the same before the Court and investigation officer whenever called for do so.

3. The petitioner has filed an application for relaxation of condition and permission to change the nature of the released articles and the same was dismissed vide the impugned order dated 22.12.2022.

4. Learned counsel for the petitioner contended that the said seized articles are now required for the purpose of celebration of jatra and for the deity in the temple. Therefore, the petitioner desires to make ornaments for the deity for the celebration of jatra and hence, prays for permission to change the nature of the seized articles.

5. Learned HCGP submitted that if the seized articles are changed in its nature, then it would be difficult for the panchas to identify the goods that were seized and in such an event, there would not be a fair trial, as the panchas may not be able to identify the seized goods. Therefore, prays to dismiss the petition.

6. As per the prosecution case, the gold and silver ornaments were stolen by the accused. During investigation, the same were recovered, but by that time, the accused have melted the orname