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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF JUNE, 2021

BEFORE

THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

CRIMINAL PETITION No.765 OF 2021

BETWEEN:

Suresh @ Jocky Suresh

S/o Late Thammaiash,

Aged about 51 years,

R/at Chatradabeedhi,

Periyapattana Town,

Mysuru District - 571 107.

&Petitioner

(By Sri. Suneel S. Narayan, Advocate)

AND:

State by

Periyapattana Police Station,

Mysuru District.

Rep. by the SPP,

High Court Premises.

... Respondent

(By Smt. Rashmi Jadhav, HCGP)

This Criminal Petition is filed under Section 482 of

Cr.P.C. praying to set aside the order passed by the VII

Additional Sessions Judge, Mysuru in Crl. RP No.391/2017

on 15.12.2018 and order passed by the 1^st Additional Senior

Civil Judge and CJM, Mysuru in C.C No.1018/2017 on

29.07.2017 and intern allow both the applications filed u/s

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451 and 457 of Cr. P.C respectively before the trial Court in

C.C No.1018/2017.

This Criminal Petition coming on for Admission this

day, the Court made the following:

O R D E R

Heard the learned counsel for the petitioner and learned

HCGP for the respondent - State.

2.

The present petition is filed by accused No.1 in

C.C No.1018/2017 pending before the 1^st Additional Senior

Civil Judge and CJM, Mysuru, challenging the order dated

29.07.2017 passed by the said Court on the application filed

under Sections 451 and 457 of Cr.P.C and the order dated

15.12.2018 passed by the Court of VII Additional Sessions

Judge, Mysuru in Criminal Revision Petition No.391/2017,

wherein the order passed by the trial Court was confirmed.

3.

The brief facts of the case as revealed from the

records are that the Periyapattana Police on the credible

information that the petitioner was indulged in sale of Kerala

State lottery illegally had raided his shop premises on

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07.10.2016 and seized certain movables from his shop under

mahazar and also arrested the petitioner during the course of

the investigation. The bank accounts which were being

operated by the petitioner were also freezed by the

Investigating officer.

4.

Subsequently, investigation has been completed

and chargesheet is filed in the year 2016 itself. After filing of

the

chargesheet,

the

case

was

numbered

as

C.C

No.1018/2017.

5.

The petitioner had filed two separate applications

under Sections 451 and 457 of Cr.P.C before the trial Court.

Application under Section 451 of Cr.P.C was filed by the

petitioner to defreeze the 5 savings bank accounts of the

petitioner and particulars of such accounts were furnished by

the petitioner in his application under Section 451 of Cr.P.C

dated 27.04.2017. The application under Section 457 of

Cr.P.C was filed seeking release of mobile phones, LG

monitor, CPU, land phone and also a sum of Rs.4,830/-

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which was seized by the Investigating officer at the time of the

raid and subjected to P.F bearing Nos.205/2016 and

206/2016. The said applications were opposed by the

Prosecutor before the trial Court by filing objections. The trial

Court vide order dated 29.07.2017 dismissed the said

applications, which was challenged by the petitioner before

the Court of VII Additional Sessions Judge, Mysuru in Crl.

Revision Petition No.391/2017 and the said revision petition

was also dismissed on 15.12.2018 and challenging the said

orders, the petitioner has filed this petition.

6.

Learned counsel for the petitioner submits that

the investigation is completed and the chargesheet is also

filed in the year 2016 itself. The movables, which are seized

and produced before the trial Court are not required for the

purpose of trial and they are already subjected to mahazar,

which is available before the trial Court. He submits that if

these movables are not used and if they are allowed to remain

in the custody of the police, the same shall be rendered

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useless. He also submits that the bank accounts, which have

been freezed are required to