HC orders return of stolen ‘made in France’ pistol to owner after 16 years

S Shyam Prasad

Bengaluru: A planter from Sakleshpur, Hassan, will get back his ‘Made in France’ pistol that was stolen and used in a crime. Police had confiscated it as material evidence in a crime and the accused were even convicted. But the police had refused to return the gun to the owner.

However, the High Court of Karnataka has intervened and directed the authorities to return it to its owner. HK Lokesh approached the HC with a petition seeking the release of his gun that was in the custody of the Sakleshpur police.

Two accused, Saleem Abeed and Geetha Ramesh were convicted in 2014 for possessing prohibited arms without a licence. They had a “unique made in France Cal 25 gun” with them. They were convicted under the Arms Act and Section 511 of the Indian Penal Code for the offence.

Justice Shivashankar Amarannavar said the pistol was marked as material evidence in the case. The two accused, however, did not claim it. Lokesh approached the police stating that the gun was his. He had filed a complaint back in 2007 that there was theft of gold ornaments, a pistol, mobile phone and cash at his house.

The police could not find the culprits and filed a C-report the same year. In 2012, he approached the Sakaleshpura police stating that the gun marked as evidence in the case against Abeed and Geetha belonged to him. The circle inspector made an application before the Principal District and Sessions judge to ascertain the fact.

The court released the gun to the custody of the police officer who ascertained from Lokesh that it was the same gun that was stolen from him in 2007. The gun was returned to the custody of the court, which passed an order for confiscating it. Lokesh filed an appeal in the HC during 2016 seeking return of his gun and challenging the confiscation order of the lower court.

The HC gave its judgment on January 4, 2023. Allowing Lokesh’s appeal, the HC said, “There is mention in the order sheet dated 03-11- 2014 that the circle inspector of police, Sakaleshpur, has returned the pistol and it is ordered to be kept in safe custody.

In view of the same, this appellant is a licence holder of the pistol. Therefore, the appellant is entitled for release of the pistol and order confiscating the pistol requires to be set aside. The accused (Abeed and Geetha) have not madeany claim seeking release of the pistol. Hence, the appeal is allowed.”

The HC ordered: “The Principal District and Sessions judge, Hassan, is directed to release the pistol to the appellant and intimate its release to the deputy commissioner, Hassan.”