IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL REVISION PETITION NO.56/2017 BETWEEN:
MR.ABDUL KHADAR S/O RAHAMTHULLA AGE: 24 YEARS, # 466, GARGESHWARI VILLAGE KASABA HOBLI T.NARSIPURA TALUK. …PETITIONER (BY SRI SYED AKBAR PASHA, ADV.) AND:
THE STATE BY YELANDUR POLICE STATION CHAMARAJANAGAR DISTRICT REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. ...RESPONDENT (BY SRI M.MUNIGANGAPPA, ADV.) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO MODIFY THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR IN CR.NO.98/2016 DATED 09.12.2016 WHICH IS PRODUCED AS “ANNEXURE-C” AND FURTHER BE PLEASED TO DIRECT THE RESPONDENT POLICE TO RELEASE THE VEHICLE IN FAVOUR OF THE PETITIONER.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is aggrieved by the order of the court below whereby while allowing the vehicle for its interim custody among other things he is ordered to furnish Bank Guarantee for Rs.50,000/-.
2. Sri.Syed Akbar Pasha, learned Counsel for the petitioner submits, petitioner is the owner of the Bolero Maxi Truck BS3 bearing registration No.KA-11/A-6473. The Insurance Company has assessed the value of the vehicle for Rs.3,12,479/-. However, he is unable to offer Bank Guarantee for Rs.50,000/- due to his financial constraints. Since the vehicle is not put to use, he has no earnings for his living.
In the light of the above submission, the revision petition is allowed. The condition No.1 ordered by the court below is modified. Instead of furnishing Bank Guarantee for Rs.50,000/-, petitioner is directed to furnish a self-bond for Rs.3,00,000/- with one local surety for the likesum. The surety shall produce original title deeds pertaining to his immovable property and also his original identity card/Adhaar Card for perusal of the Court. The surety shall not have the history of offering surety either to this petitioner or accused persons of any other criminal cases so far.
KNM/-
sd/- JUDGE