IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.801 OF 2017 BETWEEN:-
1. SRI BANGARANAYAK S/O RANGANAYAKA, AGED ABOUT 31 YEARS, 2. BANGARANAYAKA S/O PUTTARANAGANAYAKA AGED ABOUT 56 YEARS, BOTH ARE R/AT ALKERE AGRAHARA VILLAGE, MADDURE POST, YELANDURE TALUK, CHAMARAJANAGARA DISTRICT.
... PETITIONERS (By Sri : MANJUNATH N D, ADVOCATE) AND:
STATE OF KARNATAKA THROUGH YALANDURT POLICE STATION, CHAMARAJANGARA DISTRICT REP BY SPP HIGH COURT BENGALURU - 01.
... RESPONDENT (By Sri: VIJAYA KUMAR MAJAGE, ADDL. SPP.) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO RELEASE THE TRACTOR BEARING REG. NO.KA-10-T-3446 AND TRAILER BEARING REG. NO.AP-02-U-4436 TO THE INTERIM CUSTODY TO THIS PETITIONER BY RELAXING THE CONDITION NO.1) (I.E. THE APPLICANT SHALL FURNISH BANK GUARANTEE FOR RS.1,00,000/- FOR ONE YEAR AND IT IS TO BE RENEWED FROM TIME TO TIME, TILL DISPOSAL OF THE CASE) BY MODIFYING THE ORDER DATED 20.10.2016 U/S 457 OF CR.P.C. PASSED BY THE PRL. DIST. AND S.J., CHAMARAJANAGARA IN CR. NO.83/2016.
THIS CRL. P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and the learned Addl. SPP for the respondent.
2. The only relief claimed by the petitioner is to modify the condition imposed by the learned Magistrate requiring the bank guarantee for release of the seized vehicle to the interim custody of the petitioner . The petitioner submits that he being an agriculturist, he is unable to obtain the bank guarantee for the said sum and the condition imposed by the Court not only becomes onerous it has also become illusory in a way as the petitioner is unable to take custody of the vehicle by complying with the said condition.
3. Having regard to the reasons put forth by the petitioner, to sub-serve the interest of justice, the condition imposed by the lower Court in so far as directing the petitioner to furnish the bank guarantee for a sum of Rs.1,00,000/- is relaxed. It is further directed that in the event, the petitioner is found to be involved in similar offence, the indemnity bond executed by the petitioner shall stand forfeited and the vehicle shall be confiscated.
4. Accordingly, the petition is disposed of.
Sd/- JUDGE *mn/-