IN THE HIGH COURT OF KARNATAKA AT BENGALURU
NC: 2026:KHC:24046
CRL.P No. 2737 of 2026
DATED THIS THE 29TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 2737 OF 2026
BETWEEN:
1. ANIL MAHADEV PATIL
S/O MAHADEV PATIL
TRANSPORT BUSINESS
AGE 47, OCC BUSINESSMAN
R/O VAITHY STREET, SHEVPET SALEM
TAMIL NADU - 636 002
ADHAR CARD NO - 692662702672
2. VINOD DHONDIRAM MALI
S/O DHONDIRAM MALI
PROPRIETOR OF TANVI PAYAL SALEM
AGE 38, OCC BUSINESSMAN
R/O SHEVPET SALEM.
TAMIL NADU - 636 002
ADHAR CARD NO - 302126374010
3. NITIN NARAYAN MALI
S/O NARAYAN MALI
PROPRIETOR OF OM SILVER,SALEM
AGE 48, OCC BUSINESSMAN
R/O VAITHY STREET,
SHEVPET SALEM
TAMIL NADU - 636 002
ADHAR CARD NO - 418941436624
4. AJMUDDIN YAKUB MULANI
S/O YAKUB MULANI
PROPRIETOR OF N.S.PAYALS
AGE 43, OCC BUSINESSMAN
R/O PAIKARA STREET,
SHEVPET SALEM
TAMIL NADU 636002
ADHAR CARD NO - 711956477151
5. SANJAY KASHINATH MALI
S/O KASHINATH MALI
PROPRIETOR OF
VISHWAJEETH PAYAL SALEM
AGE 43, OCC BUSINESSMAN
R/O LAXMI IYER STREET,
SHEVPET SALEM
TAMIL NADU - 636 002
ADHAR CARD NO - 649710159029
6. NANDAKUMAR RAMCHANDRA GIDDE
RAMCHANDRA GIDDE
PROPRIETOR OF SWAPNALI PAYALS SELAM
AGE 60, OCC BUSINESSMAN
R/O LAXMI IYER STREET,
SHEVPET SALEM
TAMIL NADU - 636 002
ADHAR CARD NO -474611854756
7. R BHAGWANSAIT YADAV
S/O RAMCHANDRAN
PROPRIETOR OF
M/S SRI SIDDHESHWAR JEWELLERY SALEM
AGE 48, OCC BUSINESSMAN
R/O MARKET STREET,
GUGAI SALEM
TAMIL NADU 636002
ADHAR CARD NO - 650117496337
8. A SHABBER AHAMADH
S/O ABDUL
PROPRIETOR OF MOKESH JEWELLERS
AGE 43, OCC BUSINESSMAN
R/O NAKKERER STREET GUGAI SALEM
TAMIL NADU - 636 002
ADHAR CARD NO - 644469043618
9. THATYYASHAIEB MARUTI MORE
S/O KRISHNA MARUTI MORE
PROPRIETOR OF YASHODA PAYALS
AGE 57, OCC BUSINESSMAN
R/O LAKSMI LYER STREET,
SHEVPET SALEM
TAMIL NADU - 636 002
ADHAR CARD NO - 817901452101
10. D SHANTARAM DADASO CHANNE
S/O DADASO RAMCHADRAN CHANNE
PROPRIETOR OF SHIV MALAR TRADERS
AGE, OCC BUSINESSMAN
R/O VARDHAPPAN STREET, SALEM
TAMIL NADU - 636 002
ADHAR CARD NO - 854506769585
11. S. BALU S/O SELVAM
PROPRIETOR OF P.S. SILVER PAYALS
AGE 38, OCC: BUSINESSMAN
R/O OM SAKTHI NAGAR SALEM
TAMIL NADU 636002
ADHAR CARD NO - 625437795064
12. SUVASKUMAR ASHOK RAO
S/O ASHOK RAO
PROPRIETOR OF SHRI SILVER WORKS
AGE 37, OCC BUSINESSMAN
R/O LAXMI LYER STREET,
SHEVPET SALEM
TAMIL NADU 636 002.
13. RANJEETHKUMAR RAJA
S/O RAJARAM
PROPRIETOR OF M/S RISHI SILVER
AGE 36, OCC BUSINESSMAN
R/O SAMBALINGMOORTHI STREET,
SHEVPET SALEM
TAMIL NADU - 636 002
ADHAR CARD NO - 662404711695
14. RAJENDRAN SOMANATHAN
S/O RAJARAM
PROPRIETOR OF P.S.R. JWELLERS
AGE 55, OCC BUSINESSMAN
R/O OM SAKTHI NAGAR SALEM
TAMIL NADU - 636 002
ADHAR CARD NO - 557992346822
15. SOMNATH JAYWANT SHINDE
S/O JAYWANT SHINDE
PROPRIETOR OF SHRI MEENAKSHI
SILVER MANUFACTURES TRADE
AGE 48, OCC BUSINESSMAN
R/O,SHEVPET SALEM
TAMIL NADU 636002
ADHAR CARD NO -779615773071
16. P.SATHIYA NARAYANAN
S/O PERUMAL
PROPRIETOR OF MAB SILVERS
AGE 46,: OCC BUSINESSMAN
R/O PERIYA KINARU STREET SALEM
TAMIL NADU 636002
ADHAR CARD NO - 428340516402
17. PRAVIN TANAJI SHETKE
S/O TANAJI
AGE 45, : OCC BUSINESSMAN
R/O HUPARI
MAHARASHTRA - 416203
ADHAR CARD NO - 409116349385
18. VISHAL TANAJI SHETKE
S/O TANAJI
AGE 47, : OCC BUSINESSMAN
R/O HUPARI MAHARASHTRA
ADHAR CARD NO - 965627610950
…PETITIONERS
(BY SMT. ARATI RAVICHANDRA, ADVOCATE)
AND:
STATE OF KARNATAKA
KORA POLICE STATION
REPRESENTED BY S.P.P
HIGH COURT OF KARNATAKA
BANGALURU - 560 001
…RESPONDENT
(BY SRI. DIWAKAR MADDUR, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH/ SET ASIDE THE IMPUGNED ORDER DTD 12.02.2026 PASSED IN S.C.NO.194/2025 AS PER ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:-
“ a) Set aside the impugned order dated: 12.02.2026 passed in S.C. No.194/2025. As per Annexure-B
b) Direct the Trial Court to Release of the silver articles (390+kg) and cash (Rs.17,41,910/-) seized under PF No.70/2024 dated: 28.09.2024 by Kora Police Station which is still in the custody of respondent to the interim custody of the petitioners by imposing any conditions.
C) Pass such other and further order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the inters of justice and equity.”
2. Heard learned counsel for the petitioners and learned HCGP for the respondents – State and perused the material on record.
3. A perusal of the material on record will indicate that the petitioners are complainants in Crime No.113/2024, in which, the respondent – Police have filed a charge sheet and is currently pending in S.C.No.194/2025 before the Sessions Court upon the same being committed from the learned Magistrate. In the first instance, the application filed by the petitioners under Sections 497 and 503 of BNSS, 2023, seeking release of seized Articles, jewellery, cash and vehicle having been rejected by the learned Magistrate vide order dated 22.11.2024 and confirmed by the Sessions Court in Crl.R.P.No.107/2024 dated 20.02.2025, the petitioners approached this Court in Crl.P.No.4339/2025 which was allowed by this Court vide final order dated 21.07.2025, thereby setting aside the orders of the Sessions Court and allowing the said application filed by the petitioners and thereby directing the trial court to grant interim custody of the movable properties claimed by the petitioners and release the same in their favour after verifying the documents. The said order passed by this Court in Crl.P.No.4339/2025 dated 21.07.2025, reads as under:-
“ This petition by the complainants in Crime No.113/2024 is directed against the impugned order dated 22.11.2024 rejecting the application filed by the petitioners under Sections 503 of BNSS (Section 457 of Cr.PC), whereby the application for release of seized articles, jewellery, cash and vehicle claimed by the petitioners was rejected by the trial Court and confirmed in Crl.RP.No.107/2024 by the Sessions Court, which dismissed the said revision petition filed by the petitioners.
2. A perusal of the material on record would indicate that the petitioners filed a complaint, registered as an FIR in Crime No.113/2024 against the four accused persons for the offence punishable under Section 310(2) of BNS. In pursuance of the same, the Police authorities conducted investigation and seized various movable properties viz., cash, jewellery, vehicles etc. and filed a chargesheet which is pending consideration in CC.No.234/2025 before the trial Court. The petitioners-complainants claiming to be the owners of the movables, jewellery, cash, vehicle etc., filed the instant application under Section 503 of BNSS seeking interim custody of the said properties. By the impugned order dated 22.11.2024, the trial Court rejected the application filed by the petitioners, who approached the Revisional Court in Crl.RP.No.107/2024 which was also rejected by the Revisional Court.
3. Aggrieved by the impugned orders passed by the trial Court and Revisional Court the petitioners are before this Court by way of the present petition.
4. A perusal of the material on record and the impugned order would indicate that the trial Court and the Revisional Court failed to consider and appreciate the material on record comprising of the bills, invoices, vouches, affidavits etc. and other documents produced by the petitio
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