IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6989/2016 BETWEEN:
Shivanna S/o.late Sri. Boregowda, Aged about 52 years, R/o.Harohalli Village Varuna Hobli, Mysuru District-571 301. …Petitioner (By Sri.M.V. Hiremath, Advocate(absent) AND:
The State of Karnataka Rep. by Bannur Police Station, Mysuru Taluk, Mysore District-571 301 Rept. By Public Prosecutor High Court of Karnataka Vidhana Soudha, Bengaluru-560 001. ...Respondent (By Sri. Vijayakumar Majage, Addl.SPP) This Criminal petition is filed under Section 482 of Cr.P.C. praying to modify condition No.2 imposed by the Principal District and Sessions Judge, Mysuru, in Crl.R.P.No.202/2016 dated 29.8.2016 and to consider the request of the petitioner for the release of offending vehicle tractor bearing Engine No.3040912 R4 and ED 2186 and trailer bearing NO.KA-55T-343 as per Annexure-D.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Counsel for the petitioner absent. Perused the records.
2. Petitioner has sought to modify condition No.2 imposed by the Principal District and Sessions Judge, Mysuru, in its order dated 29.8.2016 in Criminal Revision Petition No.202/2016. By the said order, the application filed by the revisional petitioner under Section 457 of Cr.P.C. for release of the tractor bearing Regn.No.KA-09-T-201 Engine No.ED 2186 and Trailer bearing Reg.No.KA-55-T-0343 seized in Crime No.37/2016 of Bannur Police Station was allowed and the interim custody of the same was given to the petitioner subject to furnishing bank guarantee in favour of the committal Court in a sum of Rs.3,50,000/-. The said order was passed in 2016 and we are in 2019. It is not known whether the petitioner has taken release of the said vehicle. The petitioner and his counsel have remained absent. Under the said circumstances, there is no reason to keep the matter on board.
Hence, the petition is dismissed.
Sd/- JUDGE *alb/-.