IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL REVISION PETITION NO.628 OF 2019 BETWEEN:
MR. ABOOBACKER A.K., S/O. KHADER ABDULLA, AGED ABOUT 39 YEARS, R/AT ASANABAIL HOUSE, KODLAMOGARU POST, MANJESHWARA, KASARAGOD DISTRICT, KERALA STATE, PIN-574 146. ... PETITIONER [BY SRI. RAHUL RAI K., ADVOCATE] AND:
1. THE STATE OF KARNATAKA THROUGH THE SHO., KONAJE P.S., MANGALURU D.K., REPRESENTED BY ITS, STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001.
2. THE DEPUTY DIRECTOR, MINES & GEOLOGY DEPARTMENT, D.K., MANGALURU, REPRESENTED BY ITS, STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001. ... RESPONDENTS [BY SRI. DIVAKAR MADDUR, HCGP] THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTIONS 397 R/W SEC. 401 OF CR.P.C. PRAYING TO SET ASIDE THE CONDITION THAT “PETITIONER SHALL FURNISHING SECURITY IN THE FORM OF RENEWAL BANK GUARANTEE FOR DOUBLE THE VALUE OF THE VEHICLE TO THE SATISFACTION BEFORE THE COURT BELOW”, IMPOSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT D.K., MANGALURU DATED 02.05.2019 IN CRL. MISC. NO.615/2019 WHILE RELEASING VEHICLE BEARING NO.KL-10-Z-7018 SEIZED IN PC. NO.52/2018 ON AN APPLICATION FILED U/S.457 OF CR.P.C.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER This revision petition is filed with a prayer to set aside the condition imposed by the Court below in its Order dated 02.05.2019 passed in Crl.Misc. No.615/2019, while releasing the lorry Bearing reg. No.KL-10/Z-7018 to the interim custody of the petitioner, by directing the petitioner/R.C. owner to furnish security in the form of renewal Bank Guarantee, double the value of vehicle.
2. I have heard the learned counsel appearing for the petitioner and the learned HCGP representing the respondent/State.
3. It is the case of the complainant that on 30.01.2018, when the complainant and others were checking the vehicles as per the order of the Deputy Commissioner, they intercepted a lorry bearing reg. No.KL-10/Z-7018 at a place called Grama Chawadi of Harekala village and on inspection they found that the lorry was loaded with sand. At the time of inspection no one was present at the spot and the lorry came to be seized. On 07.02.2018, the petitioner/R.C. owner of the lorry appeared before the complainant and produced documents with regard to the vehicle in question. Since he failed to produce any documents with regard to the sand loaded in the lorry, a private complaint was filed by the Geologist, Department of Mines and Geology, Mangaluru.
4. The petitioner herein filed an application under Section 457 of Cr.P.C. before the Sessions Court, seeking release of the vehicle. The said application came to be allowed by the learned Sessions Judge on certain conditions including to furnish security in the form of renewal Bank Guarantee double the value of vehicle.
5. The learned counsel appearing for the petitioner submits that he is the registered owner of the lorry in question and he has no knowledge about the sand being loaded in the lorry. He further submits that the incident occurred on 30.01.2018, however, the complaint has been filed on 14.03.2018 i.e., after lapse of nearly 1½ months. He further submits that, the lorry has been exposed to sun light and rain. In view of the condition now imposed by the trial Court, the petitioner is not in a position to get the vehicle released. The learned counsel for the petitioner places reliance on the decisions reported in Crl.R.P. No.376/2019 dated 15.04.2019 and W.P. No.28028/2018 and connected matters disposed off on 04.01.2019 and submits that the vehicle may be released on furnishing indemnity bond and seeks to allow the petition.
Per contra, the learned HCGP contended that the vehicle in question was transporting sand without any valid permit. In view of amended Rule 43(8) of the Karnataka Minor Mineral Concession Rules, 1984, the learned Sessions Judge has rightly imposed Bank Guarantee double the value of vehicle and therefore, he submits that there is no merit in the revision petition and accordingly he seeks to dismiss the petition.
6. It is not disputed that the petitioner is the registered owner of the lorry bearing reg. No.KL-10/Z-7018. The said lorry came to be seized on 30.01.2018. It is the case of the complainant that load of sand was being carried in the lorry on 30.01.2018 without any valid permit. The complaint in this regard came to be filed on 14.03.2018. The Court below has observed that the petitioner is mainly dependant on the income/hired earned by plying the vehicle and therefore, if the lorry is allowed to be kept in the premises of the complainant office, it would be a national waste, otherwise if it is used in a proper way, then it would generate income not only to its owner but it would generate income to other dependants of transport agency labourers and others.
7. In similar circumstances, this Court in the decisions relied upon by the learned counsel for the petitioner has released the vehicle by modifying the condition by directing the petitioner to furnish indemnity bond.
Considering the facts and circumstances of the present case and also considering the decisions of this Court in the above noted cases, I pass the following:
ORDER The revision petition is allowed.
The conditions imposed by the Court below in Crl. Misc. No.615/2019 dated 02.05.2019 on the file of the Principal District and Sessions Judge D.K., Mangaluru to furnish security in the form of Bank Guarantee double the value of vehicle is hereby modified and it is ordered that the vehicle/lorry bearing reg. No.KL-10/Z-7018 shall be released to the petitioner on his furnishing indemnity bond for a sum of Rs.20,00,000/- [Rupees Twenty-lakhs Only] with two sureties for the likesum to the satisfaction of the trial Court.
The petitioner shall not alter the nature of vehicle and he shall not sell the vehicle to any third party. The other conditions imposed by the Court below shall remain intact.
Sd/- JUDGE Ksm*