Karnataka High Court
CRL.A/1002/2026 of GANGADHAR Vs STATE BY on 10 September 2026
CNR: KAHC010179482026 NC: 2026:KHC:49368 CRL.A No. 1002 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1002 OF 2026 ( A -) BETWEEN: 1. GANGADHAR S/O LATE NAGAPPA AGED ABOUT 51
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1002 OF 2026 (A-)
BETWEEN:
1.
GANGADHAR
S/O LATE NAGAPPA
AGED ABOUT 51 YEARS
R/AT GUNDAMAGERE VILLAGE
SASALU HOBLI, DODDABALLAPURA TALUK,
BENGALURU RURAL 561204
…APPELLANT
(BY SRI. NAGARJUNA A. S., ADV. FOR
SRI. M. R. C. MANOHAR, ADV.)
AND:
1.
STATE BY HOSAHALLI P S
DODDABALLAPURA TALUK
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE 560001
…RESPONDENT
(BY SMT. RASHMI JADHAV, ADDL. SPP.)
CRL.A FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNSS)
BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 30.09.2024 PASSED BY THE HONBLE II
ADDL.DISTRICT AND SESSIONS JUDGE BENGALURU RURAL
DISTRICT BENGALURU IN SPL.C.C.NO.17/2021 AND DIRECT
THE TRIAL COURT TO RELEASE THE M.O-11/GUN AND M.O- 12/GUN LICENCE BOOK IN FAVOUR OF THE APPELLANT /A-1.
THIS
APPEAL,
COMING
ON
FOR
HEARING
ON
INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
Digitally signed by
LAKSHMINARAYAN N
Location: High Court
of Karnataka
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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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ORAL JUDGMENT
1. The appellant has preferred this appeal against the order dated 30.09.2024 passed in Spl.C.No.17/2021 by the II Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru.
2. Brief facts leading to this appeal are that, Hosahalli Police have registered the case against the accused for the commission of offence under Sections 323, 324, 326, 307, 354 r/w Section 34 of IPC & Sec.3(1)(r)(s) (w), 3(2)(v) of SC/ST (POA) Act of 1989 and Section 25, 27 and 30 of Arms Act.
3. The trial court has acquitted the accused vide order dated 30.09.2024 and passed an order to confiscate MO.Nos.11-Gun and 12-Gun licence book, to the State, if no claim is made within 2 months from this day. After 3 months, the present appellant had filed application
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before the trial Court for release of MO Nos.11 and 12. The Trial Court has rejected the application on the ground that the applicant has not filed application within 2 months. However, the Trial Court has observed in Para 4 of the order that accused No.1 is the owner of gun. The gun licence is standing in the name of applicant. The State has not preferred any appeal against the acquittal of the accused. Hence, it is just and proper to release MO Nos.11 and 12 in favour of the appellant. Accordingly, I proceed to pass the following:
O R D E R
(i) Appeal is allowed.
(ii) The order dated 30.09.2024 passed in Spl.C.No.17/2021 by the II Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, is set aside. Consequently, application filed under Section 451 read with 459 of Cr.P.C, is allowed.
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(iii) The Trial Court is directed to release MO Nos.11 and 12 in favour of the appellant with proper identification.
(iv) The appellant shall not use this gun till renewal of the licence from the concerned authority.
(v) The appellant shall produce the licence before the concerned Authority for renewal.
(vi) The concerned Authority shall consider the same in accordance with law.
(vii) The appellant shall execute an indemnity bond before the Trial Court so as to fulfill the above conditions.
(viii) After release of MO Nos.11 and 12, the appellant shall comply the aforesaid order of this Court, within 3 months.
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(ix) If the concerned authority has not renewed the licence within 3 months, then the appellant is at liberty to file necessary application before the Trial Court for extension of time.
(x) The Registry is directed to communicate this order to the trial Court.
Sd/- (G BASAVARAJA) JUDGE
DHA List No.: 1 Sl No.: 36