IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4966 OF 2019 BETWEEN:
SRI. GUBBI HUCHAIAH S/O. RAMAIAH AGED ABOUT 33 YEARS RESIDING AT KODIPALYA SATHENAHALLI POST CHELUR HOBLI, GUBBI TALUK TUMKUR-562 103 … PETITIONER (BY SHRI. G.S. KISHAN, ADVOCATE) AND:
THE STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER CHELUR POLICE STATION GUBBI TALUK, TUMKUR KARNATAKA-562 103 ... RESPONDENT (BY SHRI. K. NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO (A) SET ASIDE THE ORDER DATED 11.06.2019 PASSED IN CRIMINAL REVISION PETITION NO.35/2019 BY THE COURT OF THE PRINCIPAL SESSION JUDGE, TUMKUR (ANNEXURE A) IN SO FAR AS IT IMPOSES A CONDITION OF FURNISHING BANK GUARANTEE OF RS.5,50,000/- WHICH CRIMINAL REVISION PETITION WAS PREFERRED CHALLENGING THE ORDER PASSED BY THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC IN CRIME NO.53/2019 DATED 24.05.2019 (ANNEXURE E) WHICH IS REGISTERED BY CHELUR POLICE FOR THE OFFENCE UNDER SEC. 379 OF IPC ETC., THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has challenged order dated 11.06.2019 in Criminal Revision Petition No.35/2019 passed by the Principal Sessions Judge, Tumakuru, imposing conditions to furnish Bank guarantee for Rs.5,50,000/- and also to execute an indemnity bond to the tune of Rs.2,75,000/- for release of seized vehicle namely, Tractor-Trailer bearing Registration Nos.KA-6-N-1674 and KA-06-TB- 2141.
2. Shri Kishan G.S., learned advocate for the petitioner submits that though the condition to impose bank guarantee is mandatory pursuant to amendment brought to Rule 43(8) of the Karnataka Minor Mineral Concession Rules, 1994 on 18.11.2017, the charge against the petitioner is only Section 379 IPC. Therefore, the provisions contained in the KMMC Rules are not attracted to the facts of the case.
3. Learned High Court Government Pleader, in her usual fairness, does not dispute the facts submitted by the learned advocate for the petitioner.
4. I have carefully considered rival contentions and perused the records.
5. Police have lodged FIR against the petitioner alleging commission of offence punishable under Section 379 IPC. Therefore, imposition of bank guarantee is not compulsory.
6. In the circumstances, this petition merits consideration. Hence, the following:
ORDER (i) Petition is allowed.
(ii) Order dated 11.06.2019 passed by the learned Principal Sessions Judge, Tumakuru, in Crl.RP No.35/2018 is modified;
(iii) The respondent-police shall release Tractor-trailer bearing registration Nos.KA-06-N-1674 and KA-06-TB-2141, subject to petitioner furnishing self bond for Rs.2,75,000/- with two solvent sureties for the like sum.
No costs.
Sd/- JUDGE Yn.