- 1 - HC-KAR CNR: KAHC010786532025 NC: 2026:KHC:48706 CRL.P No. 16468 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 16468 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: M/S MALABAR CRYSTALS AND DIAMONDS PRIVATE LIMITED REPRESENTED BY ITS STORE HEAD AND AUTHORIZED REPRESENTATIVE MR.MEHABOOB K.S. SON OF SADALI AGED ABOUT 41 YEARS NO.13/1, 15TH CROSS, 9TH MAIN, 2ND BLOCK, JAYANAGAR BANGALORE 560 011 …PETITIONER (BY SRI. MARUTHI S.H., ADVOCATE) AND: 1. 2. STATE OF KARNATAKA BY PULAKESHI NAGAR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. DEVARAJ A.S. S/O LATE SRIKANTAIAH, AGE: MAJOR NO. 13, 2ND CROSS, COLES ROAD, BANGALORE-560005. …RESPONDENT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010786532025 NC: 2026:KHC:48706 CRL.P No. 16468 of 2025 (BY SMT. RASHMI PATEL., HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.01.2025 PASSED BY THE XtH ADDL CMM MAYO HALL BENGLAURU IN C.C.NO.58569/2023 AND ETC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; i. SET-ASIDE the impugned order dated 13.01.2025 passed by the Xth Additional Chief Metropolitan Magistrate, Mayo Hall, Bangalore in CC No.58569/2023 ii. Allow the Application filed by the Petitioner under Section 451 and 457 of Code of Criminal Procedure in CC No.58569/2023 iii. Pass any such other order as this Hon'ble Court deems fit under the facts and circumstances of the case. 2. Learned HCGP submits that post the impugned order dated 13.01.2025 having been passed, the gold has been released to the complainant who had claimed the said gold to be of his own, and as such even if the impugned order was to be set aside, there is no gold available for return to the petitioner. - 3 - HC-KAR CNR: KAHC010786532025 NC: 2026:KHC:48706 CRL.P No. 16468 of 2025 3. In that view of the above, even if the impugned order dated 13.01.2025 passed by the X Additional ACMM in CC No.58569 of 2023 where be set aside, the same would not result in the said application being allowed, inasmuch as the gold is not available with the said Court for being given to the petitioner by allowing the application filed by the petitioner under Sections 451 and 457 of Code of Criminal Procedure. 4. The consideration of the above petition would be an empty formality so long as the order returning the gold to the complainant remains in force. 5. In that view of the matter, reserving liberty to the petitioner to challenge the said order and if successful, file a fresh application under section 451 and 457 of Code of Criminal Procedure, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 65