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.792/2019 BETWEEN:
M/S.CHOWDESHWARI CONCRETE SOLUTION, REPRESENTED BY ITS PROPRIETOR SRI.CHETHAN AGED ABOUT 32 YEARS S/O. SOMASHEKAR NO.14, KODIPALYA RAMOHALLY, KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU – 560 060.
... PETITIONER (BY SRI. R.HEMANTH RAJ, ADVOCATE) AND:
STATE BY THE GEOLOGIST MINES AND MINERALS DEPARTMENT OFFICE OF THE DEPUTY DIRECTOR RAMANAGARA DISTRICT RAMANAGARA – 562 159 ... RESPONDENT (BY SRI. S.CHANDRASHEKARAIAH, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE IMPUGNED DIRECTIONS ORDER DIRECTED TO THE PETITIONER TO FURNISH THE RENEWABLE BANK GUARANTEE FOR A SUM OF RS.50,00,000 (RUPEES FIFTY LAKHS ONLY) IMPOSED IN ORDER DATED 26.09.2018 IN CRIMINAL MISC NO.474/2018 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA (PRODUCED AS CONCERNED ANNEXURE-A IN THE CRIMINAL PETITION) IN SO FAR AS CONDITION NO.1 IS THEREIN.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Sri.R.Hemanth Raj, learned Advocate appearing for petitioner and Sri. S.Chandrashekaraiah, learned HCGP appearing for respondent-State. Perused case papers.
2. Vehicle bearing registration No.KA-01-AJ-1109 came to be seized on 16.08.2018 alleging commission of offences punishable under Section 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 and Section 43(8) of KMMCR of Amendment Act, 2017 and a private complaint came to be filed in P.C.R.No.281/2018 on 29.08.2018. Thus, vehicle has been seized even before filing of the complaint.
3. Prima facie, seizure is bad in law. Learned Judge has directed interim custody of vehicle to petitioner subject to conditions and one such condition imposed is, furnishing of bank guarantee to the tune of Rs.50,00,000/- (Rupees Fifty Lakhs only).
4. Since seizure of the vehicle is prior to filing of the private complaint and same being illegal, Co-ordinate Bench 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 (Crl.P.No.100868/2018 decided on 25.04.2018).
5. In these circumstances, condition No.(1) imposed by learned Judge by order dated 26.09.2018 directing the petitioner to furnish bank guarantee to the tune of Rs.50,00,000/- requires to be relaxed.
6. Hence, I proceed to pass the following:
ORDER (i) Criminal Petition is hereby allowed.
(ii) Condition No.(1) imposed by the learned Principal District and Sessions Judge, Ramanagara by order dated 26.09.2018 in Crl.Misc.474/2018 is hereby relaxed and it is ordered that vehicle shall be released subject to petitioner furnishing indemnity bond for Rs.50,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.
Sd/- JUDGE VM