Allowed

Sri. Kumaravelu Kailas v. State of Karnataka

Karnataka HC27 Oct 2023CRL.P/7048/2023

Case brief

AI extract

What is this about?

This is a Criminal Petition under Section 482 CrPC where petitioners, accused director/promoters of a club, challenged the rejection of their application for interim custody of seized sound equipment by the Metropolitan Magistrate.

What did the court decide?

Set aside the order rejecting the prayer for release of seized articles and directed their release to the interim custody of the petitioners subject to conditions.

Sri. Kumaravelu Kailas Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2023)

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1 - NC: 2023:KHC:38906 CRL.P No. 7048 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 7048 OF 2023

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BETWEEN:

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SRI. KUMARAVELU KAILAS SON OF LATE KUMARAVELU AGED ABOUT 44 YEARS, RESIDING AT NO.646, 4^TH CROSS, NEAR BDA COMPLEX, KORAMANGALA, 3^RD BLOCK, BENGALURU - 560034

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SRI. A. FRANCIS MATHEW SON OF ALPHONS, AGED ABOUT 43 YEARS, RESIDING AT AVE MARIA VILLA NO.8/22, 4^TH 'C' CROSS, MARUTHI NAGAR, MADIVALA, BENGALURU - 560068

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…PETITIONERS

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(BY SMT. MELANIE SEBASTIAN, ADVOCATE)

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA BY HALASURU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001.

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…RESPONDENT (BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER DATED 10.07.2023 PASSED BY THE HONBLE METROPOLITAN MAGISTRATE TRAFFIC COURT-I, MAYO HALL, IN CR.NO.115/2023 OF

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2 - NC: 2023:KHC:38906 CRL.P No. 7048 of 2023

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HALASURU POLICE STATION REJECTING THE PRAYER OF THE PETITIONERS FOR RELEASE OF THE ARTICLES SUBJECTED TO P.F.NO.62/2023.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The respondent registered Cr.No.115/2023 for the

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offences punishable under Section 36(B) of the Karnataka Excise Act, 1965 and Sections 31, 103 and 104 of Karnataka Police Act, 1963.

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The respondent seized the following articles:

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1. One Peoner DJ Professional mixer; 2) Two Peoner DJ Multi player; 3) One ZXAI EX sound box; 4) Three EKX - 185 EX sound box. 5) Four EKX -12, EX sound box.

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from the premises of the petitioners who were accused in Cr.No.115/2023.

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The said seizure was reported to the Court in PF No.62/2023 dated 18.06.2023. The petitioners who claim to be the directors of "Club No.7" have filed an application under

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NC: 2023:KHC:38906 CRL.P No. 7048 of 2023

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Sections 451 and 457 of Code of Criminal Procedure for release of the seized articles to their interim custody.

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The said application was rejected by the Trial Court on the ground that the petitioners did not produce any document to show that they are the owners of the said articles. Being aggrieved by the said order, the petitioners are before this Court.

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A perusal of Cr.No.115/2023 discloses that the petitioner No.1 was arraigned as accused No.1 and petitioner No.2 was arraigned as accused No.3 and they being the excise licencee of the premises were accused of playing loud music at 03:00 a.m. on 18.06.2023. The music systems were thereafter seized from the premises of "Club No.7". The petitioners claim to be the directors/promoters of "Club No.7". As the electronic musical instruments were seized from their custody, they are entitled to the interim custody of the aforesaid articles.

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In that view of the matter the petition is allowed.

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The impugned order dated 10.07.2023 passed by

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the Trial Court is set aside and the articles mentioned above

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NC: 2023:KHC:38906 CRL.P No. 7048 of 2023

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are directed to be released to the interim custody of the petitioners subject to the following conditions:

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(i) The petitioner shall produce the aforesaid articles whenever called for by the Trial Court for inspection.

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(ii) The petitioners shall produce the photographs of the articles taken from all four sides, before the Trial Court, at the time of release to their custody.

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(iii) They shall not tamper or alter the articles and shall not alienate, encumber or damage or destroy the articles and shall maintain them in good playable condition.

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Sd/JUDGE

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List No.: 2 Sl No.: 15

Sri. Kumaravelu Kailas v. State of Karnataka

Case brief

What is this about?

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Sri. Kumaravelu Kailas v. State of Karnataka

Case brief

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