IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE Mr. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.54910/2018(GM-RES) BETWEEN:
SRI A.R.MANJUNATH S/O RAMAIAH AGED ABOUT 37 YEARS THAKERI VILLAGE, SOMWARPET TALUK KODAGU DISTRICT-571 251 BY HIS GPA HOLDER SRI SWAGATH U.S. S/O U.D.SOMAIAH THALTHARESHETTALLI VILLAGE SHANTHALLI HOBLI, SOMWARPET TALUK KODAGU DISTRICT-571 251 (BY SHRI.RAMESH KUMAR R.V., ADVOCATE) AND:
STATE BY SOMWARPET POLICE BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560001.
(BY SHRI S.RACHAIAH, HCGP) …PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO QUASH/RELAX/MODIFY THE ORDER DATED 02.11.2018 AT ANNEXURE-D PASSED IN CRL.REVISION PETITION NO.137/2018 BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI, INSOFAR AS IMPOSING A CONDITIONAL TO FURNISH RENEWABLE BANK GUARANTEE TO THE TUNE OF RS.4,40,000/- IN ORDER TO ENABLE THE PETITIONER TO HAVE THE INTERIM CUSTODY OF THE MAHINDRA PICK UP VEHICLE BEARING REGISTRATION KA-12-4567.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Ramesh Kumar R.V., learned Advocate for the petitioner and Shri S.Rachaiah, learned HCGP for the State.
2. Shri Ramesh Kumar submits that petitioner’s Mahindra Pick Up Vehicle bearing registration No.KA-12-4567 was seized by the Somawarpet Police on 11.09.2018 for the offences punishable under Section 379 IPC read with sub-rule 43(A) and 44 of the Karnataka Minor Minerals Concessions Rules, 1994 (for short ‘KMMC Rules’), whereas, the Mines and Geology Department has filed it’s complaint in PCR No.121/2018 on 17.09.2018. Therefore, as on the date of seizure no criminal proceedings were pending. Hence, seizure is bad in law.
3. He further submits that learned Magistrate has rejected petitioner’s application seeking interim custody of the vehicle to the GPA holder. The learned Sessions Judge has allowed Criminal Revision Petition No.137/2018 on 02.11.2018 filed by the petitioner but imposed a condition to furnish renewable Bank Guarantee equivalent to double the value of the vehicle. He argued that since seizure is prior to filing of a private complaint, the amended provisions of the ‘KMMC Rules’ mandating imposition of Bank Guarantee while granting interim custody of the vehicle shall not apply and therefore, he prayed that the said condition may be relaxed.
4. Learned HCGP, in his usual fairness, does not dispute the facts stated hereinabove.
5. It is not in dispute that the vehicle has been seized by the police prior to the date of filing of the private complaint. Therefore, the seizure is unsustainable. Consequently, the condition imposed by the learned Sessions Judge to furnish Bank Guarantee of Rs.4,40,000/- based on the amended provisions of KMMC Rules is harsh. Accordingly, the said condition is modified and it is directed that the Mahindra Pick Up Vehicle bearing registration No.KA-12-4567 shall be released subject to the petitioner furnishing an indemnity bond for the value of the vehicle with one surety for the like sum to the satisfaction of the jurisdictional Magistrate.
The petition is accordingly disposed of.
No costs.
Sd/- JUDGE TL