IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.9524/2017 BETWEEN SRI. G. MANJUNATHA, S/O SRI. H. GANGARUDRAIAH, AGED ABOUT 29 YEARS, R/AT NO. 76, VEERABHADRASWAMY NILAYA, 2ND CROSS, NEAR BLUE DART, LAKSHMISAGAR LAYOUT, BENGALURU NORTH, MAHADEVAPURA, BENGALURU – 560 048. ... PETITIONER (BY SRI. GANAPATHI BHAT, ADV. FOR SRI. NAGENDRA KUMAR K., ADV.) AND THE STATE OF KARNATAKA, BANTWALA TOWN POLICE STATION, BANTWALA CIRCLE, BANTWALA, D.K. – 575 001.
REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU – 560 001. ... RESPONDENT (BY SRI. S. RACHAIAH, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C. PRAYING TO ORDER FOR RELAXATION OF CONITION NO.1 FOR FURNISHING THE BANK GUARANTEE PASSED IN IMPUGNED ORDER DATED 28.09.2017 PASSED BY THE PRINCIPAL SESSIONS JUDGE, DAKSHINA KANNADA, AT MANGALURU BY MODIFYING THE IMPUGNED ORDER IN CRIMINAL MISCELLANEOUS CASE NO.1093/2017.
THIS CRL.P COMING ON FOR ADMISSION 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.1093/2017 dated 28.09.2017, 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.1093/2017 vide order dated 28.09.2017 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-03/AA-5315.”
Rest of the conditions shall remain undisturbed.
PL* Sd/-
JUDGE