IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8807/2018 BETWEEN:
RAVI T.C.
S/O CHIKKANANJAIAH, AGED ABOUT 27 YEARS, RESIDING AT THUMBENAHALLI VILLAGE, KAILANCHA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 159 ...PETITIONER (BY SRI. LOKESH S.G., ADVOCATE) AND:
STATE BY GEOLOGIST MINES AND MINERALS DEPARTMENT, RAMANAGARA DISTRICT, RAMANAGARA – 562 159 ... RESPONDENT (BY SRI.S.RACHAIAH, HCGP) THIS PETITION IS FILED UNDER SECTIN 482 CR.P.C. PRAYING TO QUASH THE CONDITION NO.1 OF THE ANNEXURE-A AND MAY DIRECT THE PETITIONER TO FURNISH SURETY ISTEAD OF OFFERING RENEWABLE BANK GUARANTEE OF AN AMOUNT OF RS.15,00,000/- TO RELEASE THE LORRY BEARING KA-51-AB-2255 WHICH IS ADOPTED IN P.F.NO.4/2018-19 IN PCR NO.192/2018, BY MODIFYING THE CONDITION NO.1 IN THE IMPUGNED ORDER ANNEXURE-A, WHICH IS PASSED BY THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, BY ITS DATED 31.07.2018, PASSED IN CRL.MISC.NO.343/2018.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Lokesh S.G., learned Advocate appearing for petitioner and Sri. S. Rachaiah, learned HCGP appearing for respondent-State. Perused the case papers.
2. Vehicle bearing registration No.KA-51-AB- 2255 came to be seized on 01.06.2018 alleging commission of offences punishable under Sections 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 and Section 43(8) of Karnataka Minor Mineral Concession Rules, 1994 and a private complaint came to be filed in P.C.R.No.192/2018 on 06.06.2018. Thus, vehicle has been seized even before filing of the complaint.
3. Prima facie, seizure is bad in law. Learned Special Judge has directed interim custody of the vehicle to the petitioner subject to conditions and one such condition, which has been imposed is furnishing of bank guarantee to the tune of `15,00,000/-.
4. Since seizure of the vehicle is prior to filing of the private 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 (Crl.P.No.100868/2018 decided on 25.04.2018) .
5. In these circumstances, condition No.(1) imposed by the learned Special Judge by order dated 31.07.2018 directing petitioner to furnish bank guarantee to the tune of `15,00,000/- requires to be relaxed.
Hence, I proceed to pass the following:
ORDER (i) Criminal Petition is hereby allowed.
(ii) Condition No.(1) imposed by the learned Special Judge, Ramanagara, by order dated 31.07.2018 in Crl.Misc.No.343/2018, is hereby relaxed and it is ordered that vehicle in question shall be released forthwith subject to petitioner furnishing an indemnity bond for `15,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.
SD/- JUDGE DR