- 1 - HC-KAR NC: 2025:KHC:32552 WP No. 20947 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20947 OF 2025 (GM-POLICE) BETWEEN: MR RAVISHANKAR S S/O. MALLIKARJUNA SHETTY, AGED ABOUT 47 YEARS, RESIDING AT NO.83, VISHWA LAYOUT, BEHIND KENNAMETAL WIDIA, MANJUANTHNAGAR, BENGALURU-560 073. …PETITIONER (BY SRI. MAHESH NAIK.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIVEK NAGAR POLICE STATION, BENGALURU - 560043. REPRESENTED BY ITS HCGP KARNATAKA HIGH COURT BUILDINGS. HIGH COURT, BENGALURU-560001. 2. M/S VST DUCATI (A DIVISION OF VST AND SONS) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32552 WP No. 20947 of 2025 NO.1, PALACE CROSS ROAD, BENGALURU - 560020. REPRESENTED BY IT AUTHORIZED PERSON GENERAL MANAGER REGISTERED UNDER COMPANIES ACT. 3. M/S VFM DUKATI, RICHMOND RUBY 91, RICHMOND ROAD, LANGFORD GARDENS,BENGALURU 560025. REPRESENTED BY ITS AUTHORIZED PERSON REPRESENTED BY GENERAL MANAGER. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTIONS TO THE R1/ VIVEK NAGAR POLICE, BENGALURU TO RELEASE THE DUKATI DIABEL V4 BIKE/MOTOR CYCLE VIDE REGISTRATION BEARING NO. KA03KU5499 IN FAVOUR OF PETITIONER AS PER THE REPRESENTATION i.e., ANNEXURE -A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:32552 WP No. 20947 of 2025 ORAL ORDER The petitioner asserts ownership of a Dukati Diavel V4 motorcycle bearing registration No.KA- 03/KU-5499, and the petitioner seeks direction to the Vivek Nagar Police, Bengaluru to release this motorcycle. Mr. Mahesh Naik, the learned counsel for the petitioner, submits that this Court must intervene under Article 226 of the Constitution of India because the afore police have seized the motorcycle when it was given for service and that the petitioner has not even been issued with the notice of seizure. The learned counsel also contends that there cannot be any dispute about the petitioner's ownership as the entire sale consideration is paid in a manner that is verifiable. Mrs. K.P.Yashodha, the learned Additional Government Advocate who is called upon to accept notice for the first respondent, submits that this Court must consider the petitioner's grievance in the - 4 - HC-KAR NC: 2025:KHC:32552 WP No. 20947 of 2025 light of the fact that the vehicle is seized as part of the pending investigation in Crime No.184/2023 and the police have seized not just the present vehicle but also many other vehicles and the owners of these other vehicles have availed a remedy under Section 497 of BNSS. These rival positions are considered in the light of the indisputable fact that investigation is underway and the police assert that the vehicle is seized as part of the investigation. It remains salient that if the vehicle is seized as part of investigation, the terms upon which that vehicle can be released during investigation, the concerned Court must consider all the circumstances and such remedy will be efficacious. Therefore, this Court is not inclined to issue a writ as sought for. At this stage, Mr.Mahesh Naik submits that the petitioner is really constrained inasmuch he does not know the PF number under which the vehicle is seized. In response, Mrs. - 5 - HC-KAR NC: 2025:KHC:32552 WP No. 20947 of 2025 K.P.Yashodha submits that if an application is filed with the first respondent, the details of the PF would also be made known immediately. In the light of the afore, the following: ORDER The petition stands disposed of with liberty to the petitioner to make an application in the pending criminal proceedings for release of the vehicle for release of the vehicle and directing the first respondent to furnish PF details immediately on receipt of a certified copy of this order. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr