IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.543 OF 2019 Between:
K.A.Nagesh, S/o Annegowda, Aged about 40 years, R/at Kelakodli Village, Somwarpet Takuk, Kodagu District – 571 236.
(By Sri.Amith Nayak, Advocate) And:
State of Karnataka By the police of Shanivarsanthe Police Station, Kodagu District – 571 236.
Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(By Sri.V.S.Vinayaka, HCGP) …Petitioner ...Respondent This Criminal Petition is filed under Section 482 of Cr.P.C. praying to modify the order dated 12.12.2018 passed by the learned Principal Sessions Judge, Kodagu at Madikeri in Crl.RP.NO.208/2018 in so far as condition (b) i.e, to furnish renewable bank guarantee to the extent of Rs.8,00,000/- (Rupees Eight Lakhs Only) before the trial Court for release of the Tractor bearing Reg. No.KA-12-T-6703 and Trailer bearing Reg. No.KA- 12-T-6204.
This Criminal Petition is coming on for Admission, this day, the Court made the following:-
ORDER In this petition, the petitioner has sought for modification of the order dated 12.12.2018 passed in Criminal Revision Petition No.208/2018 insofar as condition ‘(b)’ relating to furnishing renewable bank guarantee to the extent of Rs.8 lakhs before the trial Court for the purpose of release of Tractor bearing registration No.KA-12-T-6703 and Trailer bearing registration No.KA-12-T-6704.
2. One of the contention raised in the present petition is that the seizure of the Tractor and Trailer is on 22.10.2018, whereas, the FIR was registered on 23.10.2018.
3. In support of his contentions, learned counsel for the petitioner has relied upon the decision of this Court in Criminal Petition No.605/2019 dated 13.02.2019.
4. In my opinion, present Criminal Petition requires to be allowed in terms of the order passed in Criminal Petition No.605/2019 dated 13.02.2019. Accordingly, the following:
ORDER i) Criminal Petition is allowed.
ii) Condition ‘(b)’ imposed under order dated 12.12.2018 for release of Tractor bearing registration No.KA-12-T-6703 and Trailer bearing registration No.KA-12-T-6704 is relaxed and it is modified by directing the release of the aforesaid Tractor and Trailer subject to the petitioner furnishing indemnity bond for the value of the vehicles with one surety for the likesum to the satisfaction of the jurisdictional Court.
Sd/- JUDGE dn/-