- 1 - NC: 2025:KHC:9417 CRL.P No. 13027 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13027 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: M/S. ANT HILL FOUNDATION REP. BY MANAGING TRUSTEE, SRI. ASHOK KUMAR, AGED 40 YEARS, S/O GURULINGAIAH, R/AT C/O SUDHA, #482, 9TH MAIN ROAD, I.T.I. LAYOUT, NAGARABHAVI, BENGALURU-560 056 …PETITIONER (BY SRI. MANJUNATH M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ANNAPOORNESHWARINAGARA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. N. KUSHAL SONI S/O NARAYAN SONI, AGED ABOUT 25 YEARS, RESIDING AT NO.11, L.N. TEMPLE STREET, BRUSPET, BELLARY-583 101. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R-1); SRI. H.S.SOMNATH, ADVOCATE FOR R-2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9417 CRL.P No. 13027 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO a) SET ASIDE THE ORDER PASSED BY THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-56) IN CRL.RP.NO.189/2023 DATED 29.08.2023 AND ALSO THE ORDER DATED 04.02.2023 PASSED BY THE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, AT BENGALURU IN C.C.NO.29132/2022, FURTHER BE PLEASED TO ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 451 AND 457 OF CR.P.C. BEFORE THE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, AT BENGALURU IN C.C.NO.29132/2022. b) IN ALTERNATIVE DIRECT THE 2ND RESPONDENT TO SURRENDER THE VEHICLE HYUNDAI CRETA CAR BEARING NO.KA-41-MB-8056 TO THE CUTODY OF THE TRIAL COURT TILL DISPOSAL OF THE CASE PENDING BEFORE THE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, AT BENGALURU IN C.C.NO.29132/2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Being aggrieved by the order dated 29.08.2023 Passed by the Sessions Court in Crl.R.P No.189/2023, allowing the applications filed by respondent No.2 under Section 451 and 457 of Cr.P.C., thereby granting the interim custody of the vehicle in question, this petition is preferred. 2. Based on a private complaint filed by the petitioner in PCR No.2032/2022, which was referred to - 3 - NC: 2025:KHC:9417 CRL.P No. 13027 of 2023 police and registered as Crime No.31/2022 at Annapoorneshwari Nagar Police Station, Bengaluru City for offences punishable under Section 420, 426, 427 r/w 34 of IPC, the Hyundai Creta Car bearing Registration No.KA-41- MB-8056 was seized. Petitioner as well as respondent No.2 claiming to be the registered owner of the car filed applications before the learned Magistrate seeking interim custody. The learned Magistrate vide order dated 04.02.2023 passed in C.C.No.29132/2022, dismissed both the applications. 3. The impugned order passed by the learned Magistrate was assailed in a revision petition by respondent No.2 herein. The learned Sessions Judge allowed the said revision petition and set aside the order passed by the learned Magistrate and granted the interim custody of the vehicle to respondent No.2 imposing conditions. 4. It is the contention of the petitioner that the petitioner / M/s Ant Hill Foundation on obtaining loan from - 4 - NC: 2025:KHC:9417 CRL.P No. 13027 of 2023 ICICI Bank purchased the Hyundai Car bearing Registration No.KA-41-MB-8056. Due to some financial difficulty, he mortgaged the car with accused No.1 for a sum of Rs.1,00,000/-. While doing so, he gave Form No.29 to accused No.1, taking advantage of which and misusing the signed Form No.29, the said accused fraudulently sold the car to respondent No.2. 5. It is further contended by the learned counsel for petitioner that based on the FIR, the police have conducted investigation and filed the charge sheet, which prima facie show that the accused have fraudulently got transferred the ownership of the car. 6. The learned counsel appearing for respondent No.2 has drawn the attention of the Court to the complaint averments, wherein the petitioner has admitted that while pledging the car with accused No.1 he gave a signed Form-29 (Notice of Transfer of ownership of motor vehicle) and subsequently, the said car was sold by accused No.1 to respondent No.2 and thereafter, he got the vehicle - 5 - NC: 2025:KHC:9417 CRL.P No. 13027 of 2023 registered in his name. He contended that the registration certificate, insurance policy and even the tax paid receipt are in the name of the said respondent. 7. The learned Sessions Judge while allowing the application filed under Section 451 and 457 of Cr.P.C., filed by respondent No.2 has taken into consideration the documents such as registration certificate, copy of Insurance Policy as well as E-register extract obtained by him from RTO. It is observed that these documents prima facie reveal that the petitioner is the owner of the car bearing Registration No.KA-41-MB-8056 and the vehicle was also seized from his possession. On the contrary, the petitioner herein has not produced any documents to show that he is the owner of the vehicle as on the date of filing the application. 8. There is no illegality in the order passed by the learned Sessions Judge. While handing over the interim custody of the vehicle to respondent No.2 conditions are - 6 - NC: 2025:KHC:9417 CRL.P No. 13027 of 2023 imposed, which shall be strictly adhered to by respondent No.2. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 40 Ct:ar