IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.2067 OF 2019 Between:
Sri.M.N.Shankaregowda, Son of Sri.Ningegowda, Aged about 53 years, Residing at Madihalli Village, Vignasanthe Post, Nonavinakere Hobli, Tiptur Taluk – 572 103.
Represented by his Special GPA Holder Sri.M.S.Vinay, Son of the Petitioner, Aged about 25 years, Residing at Madihalli Village, Vignasanthe Post, Nonavinakere Hobli, Tiptur Taluk, Tumkuru District – 572 103. …Petitioner (By Sri.P.M.Siddamallappa and Sri.G.Shankarappa, Advocates) And:
1. The Geologist, Department of Mines and Geology, Tumakuru District, Tumakuru – 572 102.
2. The State of Karnataka, Nonavinakere Police Station, Tiptur Taluk – 572 103. Tumakuru District.
Rep. by Sub-Inspector of Police, High Court of Karnataka, Bengaluru – 560 001. ...Respondents (By Sri.Vinayaka V.S, HCGP) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to set aside the impugned order dated 11.07.2018 passed by the learned Additional Civil Judge and JMFC, Tiptur on the application filed by the petitioner under Section 457 of the code of criminal procedure, in PCR No.11/2018 to the extent of the condition that petitioner shall furnish renewable bank guarantee for a sum of Rs.10,00,000/- by allowing the above.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER In this petition, the petitioner has sought for setting aside the impugned order dated 11.07.2018 passed by the learned Additional Civil Judge and JMFC, Tiptur on an application filed by the petitioner under Section 457 of the Code of Criminal Procedure in PCR No.11/2018 to the extent of the condition that the petitioner shall furnish renewable Bank Guarantee for a sum of Rs.10,00,000/-.
2. One of the contention raised in the present petition is that the seizure of the Tractor is on 30.04.2018, whereas, complaint was registered on 05.05.2018. Thus, seizure is before registration of complaint.
3. In support of above contention, learned counsel for the petitioner has relied upon the decision of this Court in Criminal Petition No.605/2019 dated 13.02.2019.
4. In my opinion, present Criminal Petition requires to be allowed in terms of the order passed in Criminal Petition No.605/2019 dated 13.02.2019. Accordingly, the following:
ORDER i) Criminal Petition is allowed.
ii) Condition imposed under order dated 11.07.2018 for release of Tractor bearing temporary registration No.KA-44-NT- 001542-2017-18 bearing Chasis No.MBNSFAVBEHZE00553 and Engine No.ZHD5FAF3319 is relaxed and it is modified by directing the release of the aforesaid Tractor subject to the petitioner furnishing indemnity bond for the value of the vehicle with one surety for the likesum to the satisfaction of the jurisdictional Court.
In view of the disposal of the main petition, I.A.No.1/2019 does not survive for consideration. Accordingly, the same is disposed.
dn/-
Sd/- JUDGE