Return of stolen property to the complainant during investigation or trial – Salutary guidelines
In the theft from the shop of the petitioner – complainant, the mobile telephone sets, laptops, smart watches, analog watches, etc; worth Rs.40 lakhs were stolen on 29.9.2023.
The complainant made application dated 18.10.2023 under Sections 451 and 457 of the Cr PC for interim custody of the stolen articles seized from the accused. The Magistrate rejected the said application.
HELD that the seized properties could have been released with conditions like taking photographs and retaining the documents of seized articles and indemnity bounds / bank guarantee of the value of seized property.
The High Court has given in all 18 directions as model guidelines till such the rules are framed by the State either under Sections 451 & 457 of Cr PC or Section 497 of BNSS 2023.
Order dated 4.10.2024 of the Karnataka High Court in CRL.RP No.210 of 2024 of Shri Vishal Ramesh Khatwani Vs. State of Karnataka.
