IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA WRIT PETITION NO.55776/2017 BETWEEN SANTHOSH RAI, S/O GOPALA RAI, AGED ABOUT 26 YEARS, OCC: BUSINESS, R/O PADPU HOUSE, SALETHUR POST AND VILLAGE, BANTWAL TALUK, D.K. DISTRICT – 574 143.
REP. BY HIS GPA HOLDER, SUDESH BHANDARY, S/O MAHABALA BHANDARY, AGED ABOUT 44 YEARS, R/AT KILLAMBAR PADPU HOUSE, SALETHUR POST AND VILLAGE, BANTWAL TALUK, D.K.DIST – 574 143.
(BY SRI. UMESH P. B., ADV. FOR R. B. DESHPANDE, ADV.) AND ... PETITIONER THE STATE OF KARNATAKA BY KONAJE POLICE STATION, D. K. DIST – 574 211. (REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU–560 001) ... RESPONDENT (BY SRI. S. RACHAIAH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/RELAX/MODIFY THE CONDITION NO.1 IN CRL. MISC.CASE NO.1115/2017 PASSED BY THE PRINCIPAL SESSION JUDGE, D.K. MANGALURU DTD 28.10.17 IN SO FAR AS IT RELATES TO FURNISHING OF BANK GUARANTEE, VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner as well as the learned High Court Government Pleader for the respondent – State. Perused the records.
2. The petitioner has sought for relaxation of Condition No.1 imposed by the learned Principal Sessions Judge, D.K., Mangaluru, in Criminal Misc. Case No.1115/2017 dated 28.10.2017, wherein the learned Principal Sessions Judge has imposed certain conditions while releasing the vehicle to the interim custody of the petitioner u/s.457 of Cr.P.C.. This petition is filed for relaxation of Condition No.1 which reads as follows:
“(i) The petitioner/RC owner shall execute indemnity bond for Rs.10,00,000/- with a Bank Guarantee for similar amount in favour of jurisdictional Court.”
3. The learned High Court Government Pleader appearing for respondent – State, did not bring to the notice of this court as to whether there is any special provision under MMRD Act to insist for Bank Guarantee by the court. Learned High Court Government Pleader fairly concedes that there is no such provision.
4. Under the above said circumstances, it becomes a very harsh condition and the order made by the learned Sessions Judge may become infructuous by virtue of the said stringent condition imposed by the trial Court. Therefore, it is just and necessary to relax the said condition by imposing necessary and appropriate condition by replacing Condition No.1. Hence, the following:
ORDER The Writ Petition is allowed. Condition No.1 imposed in Crl.MISC.CASE. No.1115/2017 vide order dated 28.10.2017 imposed by the learned Principal Sessions Judge, D.K., Mangaluru, is substituted by the following condition:
“The petitioner shall execute an indemnity bond for a sum of Rs.10,00,000/- (Rupees Ten lakhs only) with one surety for the likesum to the satisfaction of the trial Court for release of the vehicle Lorry bearing Reg. No.KA-42/3808.”
Rest of the conditions shall remain undisturbed.
Sd/-
JUDGE PL*