IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.490/2019 BETWEEN:
SRI. FAYAZ S/O MAIUDDIN R/O K. THALAGURU VILLAGE GABGAL POST, MUDIGERE TALUK CHIKKAMAGALURU DISTRICT – 577 101.
... PETITIONER (BY SRI. GIRISH B BALADARE, ADVOCATE) AND:
1. SUB - INSPECTOR OF POLICE BALUR POLICE STATION, BALUR CHIKKAMAGALUR DISTRICT.
REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE – 01.
2. THE DEPARTMENT OF MINES AND GEOLOGIST OFFICER BY ITS AUTHORIZED OFFICER A.S. DAYANANDA S/O SHIVARAMEGOWDA A.J GEOLOGIST AGED ABOUT 38 YEARS SENIOR GEOLOGIST OFFICE JYOTHINAGARA, A.I.T. CIRCLE CHIKKAMAGALURU – 577102.
... RESPONDENTS (BY SRI. RACHAIAH S, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO MODIFY THE ORDER DATED:05.01.2019 PASSED BY IN THE COURT OF THE SPECIAL JUDGE AT CHIKKAMAGALURU IN SPL.C.NO.112/2018 ON THE APPLICATION UNDER SECTION 451 AND 457 OF CR.P.C FILED BY THE PETITIONER AND MODIFY THE CONDITION NO.3 BY THE IMPOSING THE FRESH SURETY INSTEAD OF BANK GUARANTEE AND RELEASE THE TATA=M BEARING REG.NO.KA-18-A-9994 UNDER P.F.NO.7/2018 TO THE PETITIONER CUSTODY.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Girish B. Baladare, learned Advocate appearing for petitioner and Sri. S. Rachaiah, learned HCGP appearing for respondent-State. Perused case papers.
2. Vehicle bearing registration No.KA-18-A- 9994 came to be seized on 14.10.2018 alleging commission of offences punishable under Sections 4(1), 4(1A), 9, 23(C)(1)(E) & (G) and 24(1)(E) r/w Section 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 and thereafter a private complaint came to be filed in P.C.R.No.241/2018 on 24.11.2018. Thus, vehicle has been seized even before filing of the complaint.
2. 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 imposed is, furnishing of bank guarantee to the tune of Rs.2,50,000/-.
3. 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 vide SHRI SHAMBULINGAPPA vs THE STATE OF KARNATAKA (Crl.P.No.100868/2018 decided on 25.04.2018) .
4. In these circumstances, condition No.(3) imposed by the learned Special Judge by order dated 05.01.2019 directing the petitioner to furnish bank guarantee to the tune of Rs.2,50,000/- requires to be relaxed.
5. Hence, I proceed to pass the following:
ORDER (i) Criminal Petition is hereby allowed.
(ii) Condition No.(3) imposed by the learned Special Judge, Chikkamagaluru by order dated 05.01.2019 in Spl.C.112/2018 is hereby relaxed and it is ordered that vehicle should be released subject to the petitioner furnishing indemnity bond for a sum of Rs.2,50,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.
SD/- JUDGE