DADAPEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court challenging the order dated 01.10.2019 passed by the I Addl. District and Sessions Judge, Dharwad, sitting at Hubballi, in S.C.No.64/2019, as also seeking for grant of interim custody to the petitioner of the property i.e., Toyota Innova Car 2.5V (E-3)-7S Variant: VX bearing Chassis No.MBJ11JV4007360026-0912, Engine No.2KD U069852, Key No.55322, bearing temporary registration No.KS-22/Temp/4725.

(2.) It is alleged that one Srikant, S/o. Shivanand Revadi, the complainant, on 19.05.2017 at 9.45 pm, was proceeding in his Innova Car bearing No.KA-36-M-6564, when he was stopped by five unknown persons in another Innova car bearing No.KA-22/P-4725. The said complainant was abducted, threatened, his vehicle and key of the vehicle were taken away. It is further alleged that the registration number plate of the complainant's car was removed, it was repainted to different colour, a new RC card was created, for the purpose of dealing with the car. However, by that time, the jurisdictional police acting on the complaint filed by the complainant, investigated and seized the car as also arrested the accused. The said property, namely Toyoto Innovar Car bearing No.KA- 22/P4725 was also seized by the jurisdictional police authorities, on account of the said car having been used for the purpose of commission of the offence and the same continues to be in the custody of the jurisdictional police authority.

(3.) Sri. Gourishankar M. Mot, learned counsel for the petitioner submits that the car belonging to the petitioner ought to be returned to the petitioner.