RANGASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader for the respondent- State in respect of the challenge to the order passed by the court below insofar as the petitioner's request to release the revolver that was seized from him in connection with the case that is pending in S.C.No. 152/2011 before the Sessions Court, Hassan.

(2.) THE submission of the learned counsel for the petitioner is that, even as per the prosecution material and panchanama, the weapon said to have been used for the commission of the offence was recovered from A-4, but said to have been used by A-3 for the purpose of committing the alleged offence. Therefore, this petitioner has no role to play and he was not even present at the time of the alleged incident. Hence, the petitioner's counsel seeks return of the revolver to the petitioner by setting aside the orders of the courts below.

(3.) HAVING thus heard both sides, in view of the material placed at this juncture indicating that the weapon is said to belong to the petitioner and not having been used in the commission of the alleged offence by the other accused persons, the revolver in question bearing No. 324604 be released to the petitioner subject to the following conditions: