Mr Abhinav Lal Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Mr Abhinav Lal Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Quashing of the order dated 26.12.2024 in Criminal Misc No.10677/2024; allowance of the application under Sections 451 and 457 Cr.P.C.; direction to the Trial Court to release the electronic devices seized in PF No.119/2023 within one week (order dated 02.04.2025), supplemented by the spoken-to order dated 02.05.2025 directing release of articles seized under both PF No.119/2023 and PF No.114/2022 within two weeks.

Issue for consideration

Whether the petitioner is entitled to release of the electronic devices seized in PF No.119/2023, given that the FSL report stated no incriminating material was found and his application under Sections 451 and 457 of the Cr.P.C. had been rejected by the Trial Court. +1 more

Court's answer

Since the FSL report on the seized electronic devices stated that no incriminating material was found, the devices are not required for further investigation and the petitioner is entitled to their release.

Ratio / Principle

The impugned Trial Court order dated 26.12.2024 in Criminal Misc No.10677/2024 is quashed and the petitioner's application under Sections 451 and 457 of the Cr.P.C. is allowed.

Key takeaways

The Trial Court is directed to release the electronic devices seized in PF No.119/2023 to the petitioner within one week from receipt of a copy of the order.ratio¶¶31
On the 'for being spoken to' motion, the Court directed that, in view of the setting aside of the impugned order, the trial Court shall release the articles seized under PF No.119/2023 and PF No.114/2022 to the petitioner within two weeks, this order to be read in conjunction with the order dated 02.04.2025.ratio¶¶44

Detailed headnote1 paragraphs

Criminal petition under S. 482 of the Code of Criminal Procedure (cause title also recites filing under S. 528 BNNS) by an accused prosecuted under Sections 8, 9(l), (m), (n), 10, 11(2)(3) and 12 of the Protection of Children from Sexual Offences Act, 2012, challenging the order dated 26.12.2024 of the FTSC-I Court, Additional City Civil and Sessions Judge, Bengaluru, in Criminal Misc No.10677/2024 rejecting his application under Sections 451 and 457 Cr.P.C. for release of electronic devices (laptop seized in PF No.119/2023; iPhone 13 Mini and charger seized in PF No.114/2022). Held (Hemant Chandangoudar J., 02.04.2025): the devices were sent to the FSL, whose report stated that no incriminating material was found; the devices therefore not being required for further investigation, the petitioner is entitled to their release. The impugned order was quashed, the S.451/S.457 application allowed, and the Trial Court directed to release the devices seized in PF No.119/2023 within one week. Subsequently, on a 'for being spoken to' order (Mohammad Nawaz J., 02.05.2025), the Trial Court was directed to release the articles seized under PF No.119/2023 as well as PF No.114/2022 within two weeks, that order to be read in conjunction with the order dated 02.04.2025.

1 - NC: 2025:KHC:13961 CRL.P No. 1131 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1131 OF 2025

BETWEEN:

MR. ABHINAV LAL, S/O. CAPT. PRADEEP LAL, AGED ABOUT 37 YEARS, RESIDING AT NO. 869, 12TH MAIN, 3RD BLOCK, KORAMANGALA, BENGALURU - 560 034.

…PETITIONER

(BY SRI. MAHESH S, ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA BY KORAMANGALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 01.

…RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 26-12-2024 PASSED IN CRIMINAL MISC NO. 10677/2024 BY HON'BLE COURT OF FTSC-1, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND GRANT INTERIM CUSTODY OF ELECTRIC DEVICES I.E MOBILE PHONE I-

2 - NC: 2025:KHC:13961 CRL.P No. 1131 of 2025

PHONE 13 MINI, GREEN COLOUR BEARING IMEI NO'S 359155241589760 AND 359155241909752 SEIZED IN PF NO. 114/2022 AND LAPTOP OF HP COMPANY MODEL NO. 2000, NOTEBOOK, BEARING ID NO. OO3276000000000AA353 AND ITS CHARGER SEIZED AND PRODUCED IN PF NO. 119/2023 IN FAVOR OF THE PETITIONER.

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

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

The petitioner challenges the order passed by the Trial Court wherein the application filed under Sections 451 and 457 of the Cr.P.C. for the release of electronic devices in PF No.119/2023 was rejected.

The petitioner is being prosecuted for offences punishable under Sections 8, 9(l), (m), (n), 10, 11(2)(3), and 12 of the Protection of Children from Sexual Offences Act, 2012. During the course of the investigation, the petitioner’s electronic devices were seized to establish that the petitioner was allegedly watching pornography. The learned counsel for the petitioner states that the data from the seized electronic devices was subjected to forensic analysis by the FSL, which has retrieved the data and

3 - NC: 2025:KHC:13961 CRL.P No. 1131 of 2025

concluded that no incriminating material was found. Therefore, the petitioner is entitled to the release of the electronic devices.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

Admittedly, the electronic devices seized from the petitioner were sent to the FSL, which submitted a report stating that no incriminating material was found. Therefore, when the electronic devices are not required for further investigation.

In these circumstances, the petitioner is entitled to the release of the electronic devices.

Accordingly, I pass the following:-

ORDER

i. Petition is allowed.

ii. The impugned order dated 26.12.2024 passed by the Hon'ble Court of FTSC-I, Additional City Civil and Sessions Judge, Bengaluru in Criminal Misc No.10677/2024 is hereby quashed and the application filed under Section 451 and 457 of Cr.P.C., is allowed.

4 -

NC: 2025:KHC:13961 CRL.P No. 1131 of 2025

iii. The Trial Court is directed to release the electronic devices seized in PF No.119/2023 to the petitioner within a period of one week from the date of receipt of copy of this order.

Sd/(HEMANT CHANDANGOUDAR) JUDGE

VS List No.: 1 Sl No.: 22 CT: BHK

5 -

NC: 2025:KHC:13961 CRL.P No. 1131 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

[MR ABHINAV LAL VS. THE STATE OF KARNATAKA]

02.05.2025

(VIDEO CONFERENCING / PHYSICAL HEARING)

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

ORAL ORDER ON ‘FOR BEING SPOKEN TO’

Learned counsel for petitioner submitted that he filed the petition, with a prayer to set aside the order dated 26.12.2024 passed by the Court of FTSC-I, Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc No.10677/2024 and sought for the interim custody of the electronic devices seized under PF No.114/2022 and PF No.119/2023. This Court was pleased to allow the petition and set aside the impugned order, but while directing the release of the properties, only the electronic devices seized in PF No.119/2023 was ordered to be released.

The order passed by this Court goes to show that the impugned order was set aside by this Court, however, only the electronic devices seized under PF No.119/2023 was ordered to be released.

The prayer is to release the articles seized under PF No.114/2022 as well as PF No.119/2023. In view of setting aside of the impugned order, trial Court is directed to release the articles seized under PF No.119/2023 and

6 -

NC: 2025:KHC:13961 CRL.P No. 1131 of 2025

PF No.114/2022 to the petitioner within a period of two weeks from the date of receipt of a copy of the order.

This order shall be read in conjunction with the order dated 02.04.2025.

Sd/(MOHAMMAD NAWAZ) JUDGE

HB

List No.: 4 Sl No.: 87