- 1 - HC-KAR NC: 2026:KHC:12276 CRL.P No. 822 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 822 OF 2026 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI MAHESH V S/O LATE. VENAKTESH, AGED ABOUT 43 YEARS, PROP-OF M/S CHAMUNDESWARI MYS BIR TRANSPORT AND COMMISSION AGENT, NO-4, FIRST MAIN, BAMBOO BAZAR MYSURU-570 001. …PETITIONER (BY SRI. A.LOURDU MARIYAPPA, ADVOCATE) AND: RAVI KANTH SETHIA S/O PAWAN SETHIA, AGED ABOUT 46 YEARS, MANAGING DIRECTOR OF M/S BALURGHAT TECHNOLOGIES ITD, MONEY TRACE BUILDING, SHANTHINAGAR, BENGALURU-560027. …RESPONDENT (BY SRI. S.B SRIKANTH., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE IV JMFC, MYSURU, IN CC.NO.159/2023, DTD 12.01.2026, AT ANNEXURE-A, ON THE APPLICATION U/S 91 OF CR.P.C AND ETC. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12276 CRL.P No. 822 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs : ”a. Call for the records, pending on the file of learned IV JMFC, Mysuru, in C.C.No.159/2023, b. Set aside the impugned order passed by the IV JMFC, Mysuru in C.C.No.159/2023, dated 12.01.2026, Annexure-A, on the application under Section 91 of Cr.P.C. c. and thereby allow the criminal petition and the IA under Section 91 of Cr.P.C. in C.C.No.159/2023, pending on the file of learned IV JMFC, Mysuru, d. Grant such other relief as this Hon'ble Court deems fit in the circumstance of the case in the interest of justice and equity." 2. Heard the learned counsel appearing for both parties and perused the material on record. 3. A perusal of the material on record will indicate that while there is a strict contention of the petitioner that the subject lorry challans bearing No.700501768, dated 13.11.2020 and No.700501803, dated 21.11.2020 are in the custody and possession of the respondent/accused, the respondent/accused submits that he does not have the custody or possession of the said challans and is not in a position to produce the same. - 3 - HC-KAR NC: 2026:KHC:12276 CRL.P No. 822 of 2026 4. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims as regards custody/non custody of the aforesaid lorry challans bearing No.700501768, dated 13.11.2020 and No.700501803, dated 21.11.2020, without expressing any opinion on the merit/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition by reserving liberty in favour of the petitioner to request the trial Court to draw inference/adverse inference against the respondent/accused for production/ non-production of the aforesaid lorry challans and keeping/leaving open all rival contentions in this regard to be decided by the trial Court at the time of final disposal of the proceedings. Accordingly, the * Criminal petition stands disposed of. The trial Court is directed to dispose of the proceedings on or before 30.04.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE * Corrected vide Chamber order dated: 07.03.2026. BK List No.: 2 Sl No.: 2