IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1538 OF 2025

(397(Cr.PC) / 438(BNSS))

BETWEEN:

1. SRI S SURESH,

AGED ABOUT 51 YEARS,

S/O LATE SANNAPUTTEGOWDA,

RESIDING AT SIDDENHALLI VILLAGE,

HANAGODU HOBLI,

NERALAKUPPE POST,

HUNSURU TALUK,

MYSURU - 570 008.

…PETITIONER

(BY SRI.SAGAR NAIDU, ADVOCATE FOR SRI. S KALYAN BASAVARAJ., ADVOCATE)

Digitally

AND:

signed by KAVYA R

Location: 1. STATE OF KARNATAKA

High court BY LAKSHIPURAM POLICE STATION,

of Karnataka

MYSURU REP BY STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU - 560 001.

2. SRI VIVEKANADA K,

AGED ABOUT 52 YEARS

S/O RAMANANDA

NO.F2, EDEN APARTMENT,

SRIRAMAPURA,

MYSURU CITY - 570 008.

…RESPONDENTS (BY SRI.RAJASH SUBRAMANYAM., HCGP FOR R1/STATE)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO A. SET ASIDE THE ORDER DATED 25.06.2025 PASSED IN CR.NO.12/2024 ON THE FILE OF THE HONBLE COURT OF THE PRL. DISTRICT AND SESSIONS JUDGE AT MYSURU DISMISSING THE APPLICATION FILED BY THE PETITIONER U/S. 457 OF CR.PC. TO RELEASE ONE XUV-700 CAR BEARING REG.NO.09-MJ-2102 AND TWO ANDROID MOBILE PHONES IN HIS FAVOUR, SEIZED IN HIS FAVOUR, SEIZED IN CR.NO.12/2024 REGISTERED BY RESPONDENT NO.1 POLICE, LAKSHMIPURAM POLICE, MYSURU U/S. 406, 420 AND U/S. 21, 23 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019 R/W. 34 OF IPC 1860 UNDER P.F.

NO.28/2024.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

This Criminal revision petition under Section 397 of Cr.PC is filed assailing the order dated 25.06.2025 passed by the Court of Principal District and Sessions Judge, Mysuru in Crime No.12/2024.

2. Heard the learned counsel for the parities.

3. Petitioner herein is arrayed as accused No.2 in Crime No.12/2024 registered by Lakshmipuram Police Station, Mysuru, for offences punishable under Sections 406, 420 and read with Section 34 of IPC and Sections 21 and 23 of the Banning of Unregulated Deposit Schemes Act, 2019 (in short 'BUDS Act'). It appears that during the course of investigation, XUV-700 Car bearing registration No.KA-09-MJ-2102 and two Android mobile phones were recovered from the petitioner and were subjected to P.F.No.28/2024 in Crime No.12/2024. The petitioner had filed an application under Section 457 of Cr.PC with a prayer to release the aforesaid car and two Android mobile phones to his interim custody during the pendency of the case. The said application was rejected by the Court of Principal District and Sessions Judge, Mysuru vide order impugned. Aggrieved by the same petitioner is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the seized articles are not at all required for the purpose of investigation of the case. He submits that petitioner is ready and willing to furnish necessary security and abide by the conditions that may be imposed by the Court. He also submits that if the seized articles are not released, the same is likely to get deteriorated over a period of time. Accordingly, he prays to allow this petition.

5. Per contra, learned HCGP who has opposed to petition submits that investigation of the case is still under progress. He however fairly submits that no Special Court has been constituted under the provisions of the BUDS Act at Mysore and the Special Court at Bengaluru is only the designated Court under the BUDS Act for the entire State.

6. It is not in dispute that the properties which are subject matter of P.F.No.28/2024 were seized from the custody of the petitioner and except the petitioner, nobody else has filed any application in Crime No.12/2024 seeking custody of the seized properties. The seized properties in the present case is a car and two Android mobile phones. The above said properties have been seized from the custody of the petitioner during the case of investigatio