IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.5197 OF 2019 BETWEEN Sri. Kavith Kumar @ Ravi Kumar, S/o Sri. Raja Rao, Aged about 37 years, Residing at Kadasikoppa Village, Harohalli Hobli, kanakapura Taluk, Ramanagara District-562 112. …Petitioner (By Sri.Devraj G., Advocate) AND State of by Police Sub Inspector, Bidadi Police Station, Ramanagara Taluk, Ramanagara District – 562 109. …Respondent (By Smt. K.P.Yashoda, HCGP.) This Criminal Petition is filed under Section 482 of CR.P.C praying to quash the condition No.1 imposed by the Hon’ble Principal District and Sessions Judge, Ramanagara in CRL.Misc.No.297/2019 dated:17.06.2019 as Annexure-A and modify or relax the condition No.1 as deems fit in the circumstance of the case and the petitioner shall offer renewable bank guarantee of an amount of Rs.14,00,000/-.
This petition, coming on for admission, this day, the Court made the following:
O R D E R Learned State Counsel is directed to take notice for the respondent.
In the instant petition, the petitioner has assailed the conditions imposed in the order dated 17.06.2019 in Crl.Misc.No.297/2019.
2. The petitioner’s vehicle was seized in connection with the offences punishable under Sections 21, 4(1), 4(1- A) of Mines and Minerals (Development & Regulation) Act, 1957 (for short, ‘Act’) r/w. Section 379 of IPC.
3. The petitioner, stated to be the owner of the lorry bearing registration No.KA-52/A-7544 which was seized when it was transporting filter sand without valid licence and permit. For release of the vehicle the petitioner submitted an application under Sections 451 and 457 of Cr.P.C. The Sessions Court passed the following order:
“The petition filed under Sections 451 and 457 of Cr.P.C. is hereby allowed.
Consequently, it is ordered to release the vehicle – lorry bearing registration No.KA- 42/A-7544 in PCR No.211/2019, pending on the file of Principal Civil Judge and JMFC Court, Ramanagara, to the interim custody of the petitioner, on the following terms and conditions:
1) The petitioner shall offer renewable bank guarantee of an amount of Rs.14,00,000/- (Rupees Fourteen Lakhs only).
2) The petitioner shall not alienate, transfer or encumber the vehicle in any manner pending disposal of the case.
3) He shall not alter or change its colour and identity in any manner.
4) He shall produce the vehicle before the Investigating Officer during the investigation and also before the court during the trial as and when directed.
5) He shall not use the vehicle in commission of similar offence.
6) The Investigating Officer is directed to take four colour photographs from all the 4 angles before release of the said vehicle and produce them before the Court.
Send a copy of this order to the court below for information.”
4. The aforesaid order is in terms of sub-rule (8) of Rule 43 of Karnataka Minor Mineral Concession Rules, 1994 (for short, ‘1994 Rules’).
5. Learned counsel for the petitioner submitted that conditions imposed in the order dated 17.06.2019 could be relaxed having regard to the fact that value of the seized lorry is only about 7.00 lakhs and imposition of such harsh condition would be painful to the petitioner for complinace.
6. Having regard to the statutory provision, namely sub-rule (8) of Rule 43 of 1994 Rules, the courts are bound by such statutory rules. Therefore, there is no infirmity in the order dated 17.06.2019 in imposing condition for the purpose of releasing the aforesaid vehicle. The petitioner has not made out a case so as to relax the conditions imposed in the order dated 17.06.2019. Hence, the petition stands dismissed.
Sd/- JUDGE Cm/-