IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NOs.45076-45078 OF 2017 (GM-RES) BETWEEN:
1. SRI SHAJAHAN K S/O HAMEED R/AT KHADEEJA MANZIL N.H.ROAD, KOIPADY VIA KUMBLA KASARAGOD DISTRICT, KERALA STATE-571 541 BY HIS G.P.A. HOLDER, MOHAMMED AZARUDEEN S.A. AGED ABOUT 21 YEARS, S/O ABDULLA KUNHI S R/AT AYISHA MANZIL, MAHINABAD, THEKKIL POST, KASARGOD DISTRICT, KERALA STATE-671 541 2. SRI. ABDUL KHADAR SAFWAN AGED ABOUT 25 YEARS S/O HAMEED R/AT NO.1-2131/133/33, DEREBAIL, MANGALURU TALUK BY HIS GPA HOLDER, MOHAMMED AZARUDEEN S.A. AGED ABOUT 21 YEARS, S/O ABDULLA KUNHI S R/AT AYISHA MANZIL, MAHINABAD, THEKKIL POST, KASARGOD DISTRICT, KERALA STATE-671 541 3. SRI. NAZEER AHMED AGED ABOUT 47 YEARS S/O K.M.MAHAMMAD, R/AT FLAT NO.202 II FLOOR MARVEL APARTMENT, SHIVANAGAR FIRST CROSS, PANDESHAWAR, MANGALURU, D.K PRESENTLY R/AT NO.2-16/2(5) FLAT NO.WBG 5, WEST LINE BONITA APARTMENT, KALLAPU, PERAMANNUR POST, OPP UNITY HALL, MANGALURU TALUK, D.K BY HIS GPA HOLDER, MR. IBRAHIM KHALEEL AGED ABOUT 25 YEARS, S/O HASANABBA R/AT NO.8-2F, KATAMGEREGUDDE, SOMESHWARA, MANGALORE-575 023 (BY SRI ARUNA SHYAM M, ADVOCATE) AND:
…PETITIONERS THE STATE OF KARNATAKA BY S.H.O ULLAL POLICE STATION, D.K. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001 ... RESPONDENT (BY SRI SANDESH J. CHOUTA, SPP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W. SSECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH/MODIFY/RELAX THE CONDITION NO.1 IMPOSED BY THE LEARNED PRINCIPAL SESSIONS JUDGE, D.K. MANGALURU IN CRL.MIS.NO.968/17 BY VIDE ORDER DTD:6.9.2017 TO THE EXTENT OF FURNISHING A BANK GUARANTEE FOR RS.6,00,000/- [RUPEES SIX LAKHS] IN FAVOUR OF JURISDICTIONAL COURT VIDE ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Sri Aruna Shyama M., learned counsel appearing for petitioners and Sri Sandesh J. Chouta, learned State Public Prosecutor appearing for respondent. Perused the records.
2. By consent of both parties, these writ petitions are taken up for final disposal though listed for preliminary hearing and disposed of by this order.
3. Petitioners filed an application under Section 457 Cr.P.C. for release of Tipper Lorry bearing registration Nos.KL-14/M-7036, KA-44/1899 and KA-19-AB-0962 before the Principal Sessions Judge, D.K., Mangaluru. After considering said application, learned Principal Sessions Judge by order dated 06.09.2017 allowed the application filed by the petitioners under Section 457 Cr.P.C. and ordered for release of said vehicles conditionally, namely petitioners were not only directed to execute an indemnity bond for Rs.6,00,000/- each but also additional conditions have been imposed. Insofar as imposition of a condition directing the petitioners to furnish bank guarantee, petitioners are before this Court assailing the same, contending inter alia that under similar circumstances this Court had only restricted the condition to furnishing indemnity bond by the applicants by setting aside the condition imposed to furnish the bank guarantee.
4. Learned HCGP would also not dispute this fact.
5. Having regard to the fact that this Court in Criminal Petition No.2387/2017, disposed of on 20.3.2017 and also in Criminal Petition No.6040/2017, disposed of on 18.8.2017 had relaxed the condition insofar as furnishing of bank guarantee is concerned and had directed the release of the vehicles by directing the applicants to furnish the indemnity bond with one surety, this Court is of the considered view that petitioners would also be entitled for similar relief.
6. In view of the fact that jurisdictional Sessions Court itself has imposed the condition of directing the petitioners to furnish indemnity bond of Rs.6,00,000/- each, in the instant case this Court is of the considered view that it would suffice. However, additionally it is hereby ordered that in the event of said vehicles are found plying for the purpose of carrying out the activity similar to the one alleged or the vehicles in question are found to be involved in similar offence, the indemnity bond executed by the petitioners shall be forfeited and vehicles shall be confiscated. Subject to above, conditions as imposed by the Sessions Court in Criminal Misc.Case.No.968/2017 dated 06.09.2017 (Annexure-A) would hold good except condition No.1 being set aside and in substitution to the same, it is ordered as under:
“It is further directed that in the event of the vehicles in question are found to be involved in similar offence, the indemnity bond executed by the petitioners shall stand forfeited and the vehicles shall stand confiscated to the State”.
Accordingly, Writ Petitions stand allowed.
SD/- JUDGE SA