IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.9335 OF 2018 BETWEEN:
SRI.MANJUNATHA N., S/O NINGAPPA H., AGED ABOUT 33 YEARS, OWNER OF TIPPER LORRY BEARING ITS REG.NO.KA-47/6263, R/O 3RD MAIN ROAD, KALIDASA NAGARA, HARIHARA, DAVANAGERE DISTRICT – 577 002.
(BY SHRI K.N.JAYAPRAKASH, ADVOCATE) AND:
THE STATE OF KARNATAKA, REPRESENTED BY HONNALI POLICE STATION, DAVANAGERE – 577 217.
REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
…PETITIONER … RESPONDENT (BY SMT. K.P.YASHODHA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO (a)SET ASIDE THE ORDER DATED 21.08.2018 PASSED IN CRIMINAL REVISION PETITION NO.39/2018 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE, VIDE DOCUMENT NO.4 IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner challenged order dated 19.06.2018 in Crime No.258/2018 imposing a condition to furnish Bank guarantee equivalent to double the value of the vehicle. Learned Sessions Judge in Crl.RP No.39/2018, modifying the said order has directed the petitioner to furnish bank guarantee for `10.00 lakhs. Hence, this petition.
2. Shri K.N.Jayaprakash, 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 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. Charge sheet shows that petitioner is charged only 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 21.08.2018 passed by the learned Sessions Judge in Crl.RP No.39/2018 modifying the order dated 19.06.2018 passed by learned Magistrate in Crime No.258/2018 is set-aside.
(iii) respondent shall release the Tipper Lorry bearing No.KA-47-6263, subject to petitioner furnishing self bond for `5.00 lakhs with two solvent sureties for the likesum.
No costs.
Sd/-
JUDGE GH