Karnataka High Court
Sri H K Lokesh vs The State Of Karnataka on 4 January, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 954 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 954 OF 2016
BETWEEN:
SRI H K LOKESH
S/O H N KALASHETTY,
AGED 50 YEARS,
R/O BALLURPET VILLAGE,
BELAGODU HOBLI,
SAKLESHPUR TALUK
HASSAN - 573 134. ...APPELLANT
(BY SRI. VEERANNA G TIGADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE INSPECTOR OF POLICE,
SAKLESHPUR POLICE STATION,
DISTRICT: HASSAN - 573 134.
2. SRI SALEEM @ ABEED
Digitally signed by
SANDHYA S S/O MOHAMMED SADIK,
Location: High MAJOR,
Court of Karnataka RESIDENT OF EMMEDODDI,
KADUR TALUK
CHIKKAMAGALURU DISTRICT - 577 101.
PRESENTLY IN PARAPPANA AGRAHARA
CENTRAL PRISON AND APPELLANT IN
CRIMINAL APPEAL NO. 1070/2014.
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CRL.A No. 954 of 2016
3. SMT. GEETHA @ GEETHA RAMESH
W/O RAMESH,
AGED ABOUT 52 YEARS,
RESIDENT OF HALASILIGE VILLAGE,
MAGADI KASABA HOBLI,
SAKALESHPURA TALUK,
NATIVE OF 2ND CROSS,
SUBHASH NAGAR,
MANDYA TOWN - 571 401. ...RESPONDENTS
(BY SRI S VISHWAMURTHY, HCGP FOR R-1
SRI DILRAJ JUDGE ROHIT SEQURIA, ADVOCATE FOR
R-2 AND R-3)
THIS CRL.A. IS FILED U/S.454 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:21.10.2014 PASSED BY THE
PRL. S.J., HASSAN IN S.C.NO.241/2012 U/S 452 OF CODE OF
CRIMINAL PROCEDURE ONLY WITH RESPECT TO
CONFISCATING THE M.O.1 PISTOL TO THE STATE OF
KARNATAKA AND ORDER TO RETURN THE SAME TO THE
APPELLANT.
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission, by
consent of both the learned counsel, it is taken up for final
disposal.
CRL.A No. 954 of 2016
2. Heard the learned counsel for the appellant and
the learned HCGP for respondent No.1 -State.
3. Respondent Nos.1 and 2 were accused in
S.C.No.241/2012 and they have been convicted by
judgment dated 21.10.2014 for the offence punishable
under Sections 5,7 read with Section 25 of Arms Act read
with Section 511 of Indian Penal Code.
4. The charge leveled against respondent Nos.2
and 3 with accused No.3 is that they were possessing
prohibited arms of UNIQUE MADE IN FRANCE CAL.25 gun
illegally without any permit or licence with an intention to
commit cognizable offence and committed offences under
Sections 5,7 read with Section 25 of the Arms Act read
with Section 511 of Indian Penal Code. The said pistol
which was possessed by respondent Nos.2 and 3 and
another was marked as M.O.1. Respondent Nos.2 and 3
CRL.A No. 954 of 2016
and another did not claim the said M.O.1-pistol and other
seized weapons and articles which are at M.O.s' 2 to 9.
5. The appellant claiming that he is a licence
holder of M.O.1-pistol has filed this appeal challenging the
order of confiscation of M.O.1-pistol and sought for its
release.
6. On the complaint of this appellant, a case came
to be registered at Sakaleshpura Rural Police Station in
Crime No.120/2007 on 05.08.2007 for the offence under
Section 454, 457 read with 380 of IPC. In the said
complaint, the appellant has stated that there was theft of
golden ornaments, pistol, mobile phone and cash in his
house. The police filed C-report in the said Crime
No.120/2007.
CRL.A No. 954 of 2016
7. The appellant claims that M.O.1-pistol which is
the subject matter in S.C.No.241/2012 and also subject
matter in the theft in Crime No.120/2007 of Sakaleshpura
Rural Police. The appellant has produced copy of licence
wherein the M.O.1-pistol is described as 'NP Bore pistol,
Unique made in France, 25 Bore No.7727'.
8. The appellant had made a request to the Circle
Inspector of Police, Sakaleshpur stating that pistol marked
as M.O.1 in S.C.No.241/2012 belongs to him. The Circle
Inspector of Police, Sakaleshpur to ascertain the said
contention of the appellant made an application to the
Prl.District and Sessions Judge, Hassan on 27.10.2014.
On that requisition, the Sessions Case was taken on board
on 30.10.2014 and M.O.1 pistol was handed over to Circle
Inspector of Police, Sakaleshpur with a direction to return
the same within seven days. Thereafter, the Circle
Inspector of Police, Sakaleshpur has secured Lokesh
(appellant herein and complainant in Crime No.120/2007)
CRL.A No. 954 of 2016
and shown the M.O.1-pistol. He had identified the M.O.1-
pistol which is the subject matter of theft in Crime
No.120/2007 of Sakaleshpur Rural Police Station. The
mahazar is drawn in this regard and returned M.O.1-pistol
to the Prl.District and Sessions Judge, Hassan vide report
dated 03.11.2014 which is at page No.101 of the Trial
Court records.
9. There is a mention in the order sheet dated
03.11.2014 that Circle Inspector of Police, Sakaleshpur
has returned the M.O.1-pistol and it is ordered to be kept
in safe custody.
10. In view of the same, this appellant is a licence
holder of M.O.1-pistol in S.C.No.241/2012. Therefore, the
appellant is entitled for release of M.O.1-pistol and order
confiscating M.O.1-pistol requires to be set aside.
CRL.A No. 954 of 2016
11. The accused in S.C.No.241/2012 have not
made any claim seeking release of M.O.1-pistol. Hence,
the appeal is allowed. The order of confiscation of M.O.1-
pistol passed in S.C.No.541/2012 dated 21.10.2014 on the
file of Principal District and Sessions Judge, Hassan is set
aside.
12. The Prl.District and Sessions Judge, Hassan is
directed to release M.O.1-pistol to the appellant and
intimate the release of M.O.1-pistol to the Deputy
Commissioner, Hassan.
Sd/-
JUDGE
SSD
