IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL REVISION PETITION NO.771 OF 2019 BETWEEN:
RANGANATH R., S/O. RANGASWAMY K.G., AGED ABOUT 31 YEARS, R/AT NO.115, 2ND CROSS, TELECOM LAYOUT, S.G. KAVAL, ASHWATHANAGAR, M.N.ROAD, KOTTIGEPALYA, BENGALURU-560 091. ... PETITIONER [BY SRI. B.N.SHIVA KUMAR, ADVOCATE] AND:
STATE OF KARNATAKA, BY ACB POLICE, D.K., MANGALURU, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNTAKA, BENGALURU-560 001. ... RESPONDENT [BY SRI. B.M.JAGADEESH, ADVOCATE] ***** THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTIONS 397 AND 401 OF CR.P.C. PRAYING TO RELEASE MAHINDRA XUV 500 CAR BEARING REG. NO.KA-05/MS-5006 THE INTERIM CUSTODY OF THE PETITIONER, WHICH IS SUBJECTED IN P.F. NO.3/2019 IN CR. NO.2/2019 OF ACB POLICE, D.K., MANGALORE PENDING BEFORE THE III ADDITONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE VIDE OERDER DATED 10.06.2019.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER This revision petition is filed against the Order dated 10.06.2019 passed in Crime No.2/2019 on the file of the III Additional District and Sessions Judge, D.K., Mangaluru, thereby dismissing the application field by the petitioner herein under Sections 451 and 457 of Cr.P.C., seeking release of Mahindra XUV 500 vehicle bearing reg. No.KA-05/MS-5006 to the interim custody of the petitioner.
2. I have heard the learned counsel for the petitioner and the learned Special Public Prosecutor, appearing for the respondent.
3. The case of the prosecution is that;
Crime No.2/2019 came to be registered by the respondent/State against one Lokesh. The said accused, who was the Accounts Superintendent in the Education Department, demanded a sum of Rs.2,50,000/- from the complainant i.e., the Principal of the Government First Grade College in Bettampady of Puttur Taluk in order to give clearance certificate. He was trapped on 26.04.2019 while receiving a sum of Rs.2,50,000/-. Accordingly, case was registered under Section 7 of the Prevention of Corruption Act, 1988. In connection with the said case, the vehicle in question came to be seized on the same day under P.F. No.3/2019.
The petitioner herein filed an application under Sections 451 and 457 of Cr.P.C., seeking interim custody of the vehicle. The learned Sessions Judge rejected the said application by an Order dated 10.06.2019, which is now under challenge in this revision petition.
4. The learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle and he purchased the vehicle in the month of December, 2015 by taking loan from Axis Bank, Bengaluru and he is paying the monthly instalment towards the said loan amount. He submits that at the request of the accused as he was a family friend, the petitioner had lent the vehicle to him. However, the vehicle came to be seized. He submits that the petitioner has no knowledge about the accused committing any offence. The vehicle is now in the custody of the respondent/police from 26.04.2019 and the same is parked without using for more than 50 days. Hence, he submits that the vehicle may be released in favour of the petitioner.
Per contra, the learned Special Public Prosecutor submits that the vehicle in question is directly involved in the alleged offence. The vehicle was being used by the accused at the time of incident. The petitioner has not stated anything about the source of income to purchase the vehicle. He submits that if the vehicle is released in favour of the petitioner, then he may dispose off the vehicle. In that event, the prosecution will be put to immense hardship as the vehicle is required for the purpose of trial. Accordingly, he seeks to dismiss the petition.
5. It is not in dispute that the petitioner is the registered owner of the vehicle in question viz., Mahindra XUV 500 bearing reg. No.KA-05/MS-5006. The petitioner is not an accused in the case registered by the respondent. According to the petitioner, he has no knowledge about the alleged incident and he had lent the vehicle to the accused since the accused was a family friend and he had requested for the vehicle as he was suffering from back pain and other health issues. The vehicle has been seized on 26.04.2019 and the same is exposed to sun light etc., without being used for more than 50 days. There are no rival claimants. Considering the aforesaid facts and circumstances, I deem it appropriate to allow the revision petition. Accordingly, I pass the following:
ORDER The revision petition is allowed. The vehicle viz., Mahindra XUV 500 reg. No.KA-05/MS-5006 shall be released to the interim custody of the petitioner herein pending trial of the case on the following conditions:
i) The petitioner shall execute an indemnity bond in a sum of Rs.10,00,000/- [Rupees Ten Lakhs Only] with one surety for the likesum to the satisfaction of the trial Court.
ii) The petitioner shall not alter the nature of the vehicle, chassis or engine number and he shall not sell/dispose off the vehicle till completion of the trial.
iii) The petitioner shall produce the vehicle before the trial Court as and when directed.
Sd/- JUDGE Ksm*