IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9691/2018 BETWEEN:
B.S. VISHWESHWARA S/O B.M. SHANKARAPPA AGED ABOUT 57 YEARS R/AT BADUBANAHALLI VILLAGE SOMWARPET TALUK KODAGU DISTRICT - 571 236.
(BY SRI. K.V. THIMMAIAH., ADVOCATE) AND:
STATE OF KARNATAKA BY THE POLICE OF SHANIVARSANTHE POLICE STATION KODAGU DISTRICT - 571 236.
... PETITIONER ... RESPONDENT (NOTE: S/O B.M. SHANKARAPPA WRONGLY MENTIONED AS S/O B.M. SHANTAPPA) (BY SRI. RACHAIAH., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO RELAX/MODIFY THE ORDER DATED:04.12.2018 PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI IN CRL.RP.NO.207/2018, IN SO FAR AS TO FURNISH RENEWABLE BANK GUARANTEE TO THE EXTENT OF RS.14,00,000/-BEFORE THE TRIAL COURT FOR RELEASE OF THE TRACTOR BEARING REG.NO.KA-12-T-7457 AND TRAILER BEARING REG.NO.KA-12-T-7458.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri K.V. Thimmaiah, learned Advocate appearing for petitioner and Sri. S. Rachaiah, learned HCGP appearing for respondent-State. Perused the case papers.
2. Tractor bearing registration No.KA-12-T- 7457 and trailer bearing registration No.KA-12-T-7458 came to be seized on 22.10.2018 by Shanivarasanthe Police Station alleging commission of offences punishable under Sections 21(1)(A), 4(1), 21, 4(1A) and 22 of Mines and Minerals (Regulation and Development) Act, 1957 and a complaint came to be registered in FIR No.102/2018 on 23.10.2018 for aforestated offences. These vehicles have been seized even before filing of the complaint.
3. Prima facie, seizure of vehicles is bad in law.
Learned Prl. District and Sessions Judge, Kodagu- Madikeri has directed interim custody of vehicles to the petitioner subject to conditions and one such condition imposed is, furnishing of bank guarantee to the tune of Rs.14,00,000/-.
4. Since seizure of the vehicle is prior to filing of the complaint and same being illegal, this Court by following earlier decisions has held that unless there are special reasons, stringent condition should not be imposed by this Court vide SHRI SHAMBULINGAPPA vs THE STATE OF KARNATAKA in Crl.P.No.100868/2018 decided on 25.04.2018.
5. In these circumstances, condition imposed by learned Prl. District and Sessions Judge, Kodagu- Madikeri by order dated 04.12.2018 directing the petitioner to furnish bank guarantee to the tune of Rs.14,00,000/- requires to be relaxed.
Hence, I proceed to pass the following:
ORDER (i) Criminal Petition is allowed.
(ii) Condition imposed by the learned Prl.
District and Sessions Judge, Kodagu- Madikeri directing the petitioner to furnish bank guarantee to the tune of Rs.14,00,000/- for release of vehicles in question by order dated 04.12.2018 in Crl.R.P.No.207/2018, is hereby relaxed and it is ordered that vehicles in question shall be released forthwith subject to petitioner furnishing indemnity bond for Rs.14,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.
SD/-
JUDGE DR