IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRL.P.NO.463/2019 BETWEEN SRI. MANJUNATHA T.S. S/O. SUBBEGOWDA AGED ABOUT 56 YEARS RESIDING AT TOYALLI VILLAGE SHANIVARASANTHE HOBLI SOMWARPET TALUK KODAGU DISTRICT-571 236. ... PETITIONER (BY SRI RAJU C.N., ADV.) AND STATE BY SHANIVARASANTHE POLICE MADIKERI, REPRESENTED BY S.P.P.
HIGH COURT OF KARNATAKA AT BANGALORE-560 001. ... RESPONDENT (BY SRI S. CHANDRASHEKARAIAH, H.C.G.P.) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO MODIFY THE CONDITION IN THE ORDER IMPOSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KODAGU, MADIKERI IN CRL.RP.NO.211/2018 DATED 02.01.2019 “THE TRACTOR BEARING REG.NO.KA-12-T-
6948 IS HEREBY GRANTED INTERIM CUSTODY OF THE REVISION PETITIONER BY FURNISHING RENEWABLE BANK GUARANTEE TO THE EXTENT OF RS.8,00,000/- BEFORE THE TRIAL COURT” ARISING OUT OF CRIME NO.200/2018 OF SHANIVARASANTE POLICE, MADIKERI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 4(1), 4(1A), 21, 21(1), (1A), 22 OF MMDR ACT, BY ALLOWING THIS PETITION.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri Raju C.N., learned Advocate appearing for petitioner and Sri S. Chandrashekaraiah, learned HCGP appearing for respondent-State. Perused the case papers.
2. Tractor and Trailer bearing registration Nos.KA-12-T-6947 and KA-12-T-6948 respectively came to be seized on 08.11.2018 alleging commission of offences punishable under Sections 4(1), 4(1A), 21, 21(1)(1A) and 22 of Mines and Minerals (Development and Regulations) Act, 1957 and a complaint came to be filed in Reg. No.91/2018 on 08.11.2018.
3. Prima facie, seizure is bad in law.
Learned Principal and Sessions Judge, Kodagu, Madikeri has directed interim custody of the vehicle (tractor and trailer) to the petitioner subject to conditions and one such condition imposed is, furnishing of renewable bank guarantee to the tune of Rs.8,00,000/-.
4. Since seizure of the vehicle (tractor and trailer) is prior to registration of the FIR, same is illegal. This Court by following earlier decisions has held that unless there are special reasons, stringent condition should not be imposed by this Court vide SHRI SHAMBULINGAPPA vs THE STATE OF KARNATAKA (Crl.P.No.100868/2018 decided on 25.04.2018) .
5. In these circumstances, condition imposed by the learned Principal and Sessions Judge, Kodagu, Madikeri by order dated 02.01.2019 directing the petitioner to furnish renewable bank guarantee to the tune of Rs.8,00,000/- requires to be relaxed.
6. Hence, I proceed to pass the following:
ORDER (i) Criminal Petition is hereby allowed.
(ii) Condition imposed by the learned Principal and Sessions Judge, Kodagu, Madikeri by order dated 02.01.2019 in Criminal Revision Petition No.211/2018 is hereby relaxed and it is ordered that vehicle (tractor and trailer) shall be released subject to the petitioner forthwith furnishing an indemnity bond for Rs.8,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court.
SD/- JUDGE ST