- 1 - HC-KAR NC: 2026:KHC:200 CRL.RP No. 1538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH 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) AND: 1. STATE OF KARNATAKA BY LAKSHIPURAM POLICE STATION, 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, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:200 CRL.RP No. 1538 of 2025 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. - 3 - HC-KAR NC: 2026:KHC:200 CRL.RP No. 1538 of 2025 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 - HC-KAR NC: 2026:KHC:200 CRL.RP No. 1538 of 2025 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 - 5 - HC-KAR NC: 2026:KHC:200 CRL.RP No. 1538 of 2025 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 investigation in Crime No.12/2024 in the month of March 2024. As on this date investigation of the case is not completed and no charge sheet has been filed. It is not in dispute that the case in Crime No.12/2024 is still pending on the file of Principal District and Sessions Judge, Mysuru and it is not transferred to any other designated Court. 7. The Hon'ble Supreme Court in the case of SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT - (2002) 10 SCC 283 has observed that Courts should be liberal while considering the application seeking the interim custody of the articles seized, if the articles are not required for the purpose of investigation and the value of the article is likely to be diminished or deteriorated. Petitioner has undertaken to furnish - 6 - HC-KAR NC: 2026:KHC:200 CRL.RP No. 1538 of 2025 necessary security and abide by the terms that may be imposed on him vide releasing the properties seized in the present case. 8. The learned District Judge has rejected the application on the ground that the said Court is not the designated Court under the provisions of the BUDS Act and also on the ground that investigation of the case is still under progress. The properties have been seized in the present case from the custody of the petitioner in the month of March 2024. Merely for the reason that investigation is under progress, there is no justification to retain the said properties for a indefinite period. 9. Though, the learned Sessions Court has observed in the order impugned that it is not the designated Court under the BUDS Act to consider the application filed under Section 457 of Cr.PC in Crime No.12/2024, it is not in dispute that even on this date, the aforesaid case is still pending on the file of said Court and has not been transferred to the designated Court. Under - 7 - HC-KAR NC: 2026:KHC:200 CRL.RP No. 1538 of 2025 the circumstances, I am of the opinion that the impugned order cannot be sustained and the prayer made in the application by the petitioner which is filed under Section 457 of Cr.PC needs to be granted. Accordingly, the following: ORDER (i) The Criminal revision petition is allowed. (ii) The impugned order dated 25.06.2025 passed on the application filed by the petitioner under Section 457 of Cr.PC in Crime No.12/2024 by the Court of Principal District and Sessions Judge, Mysuru dated 25.06.2025 is set aside and consequently the prayer made in the said application filed by the petitioner under Section 457 of Cr.PC is granted. (iii) The learned Principal District and Sessions Judge, Mysuru is directed order for release of the aforesaid properties which are - 8 - HC-KAR NC: 2026:KHC:200 CRL.RP No. 1538 of 2025 subject matter of P.F.No.28/2024 to the interim custody of the petitioner, subject to conditions to be imposed by the said Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 43