IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.6962 OF 2019 (GM-RES) BETWEEN:
SRI SHIVAKUMAR C. S/O. CHANDRAPPA AGED ABOUT 29 YEARS R/AT THIMMEGOWDANA DODDA VILLAGE KASABA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT (BY SRI.RAVI PRAKASH V., ADV.) AND:
THE STATE OF KARNATAKA REP BY ITS DEPUTY DIRECTOR MINES AND GEOLOGY DEPARTMENT RAMANAGARA TALUK RAMANAGARA DISTRICT- 562 108 (BY SRI.S RACHAIAH, HCGP) …PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/MODIFYING THE ORDER DTD: 08.01.2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CR.R.P. NO.48/2018 VIDE ANNEXURE-G TO THE W.P. IN SO FAR AS DIRECTION TO FURNISH THE RENEWABLE BANK GUARANTEE OF RS.15.00 LAKHS (RUPEES FIFTEEN LAKHS) WHICH IS ALMOST DOUBLE THE VALUE OF VEHICLE AND CONSEQUENTLY DIRECT THE RESPONDENT TO RELEASE THE VEHICLE AND CONSEQUENTLY DIRECT THE RESPONDENT TO RELEASE THE VEHICLE IN FAVOUR OF THE PETITIONER CONSIDERING THE FACTS AND CIRCUMSTANCE OS THE CASE AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Sri Ravi Prakash V., learned Advocate appearing for petitioner and Sri S. Rachaiah, learned HCGP appearing for respondent-State. Perused case papers.
2. Vehicle bearing registration No.KA-52-9380 came to be seized on 20.08.2018 alleging commission of offences punishable under Sections 4(1) (a) of Mines and Minerals (Development and Regulations) Act, 1957 and Section 43(5) of KMMCR Amendment Act, 2017 and to punish petitioner under Section 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 and Rule 43(8) of Amended KMMC Rules. A complaint came to be filed on 30.08.2018 in P.C.R.No.282/2018 before the jurisdictional Court by Mines and Geology Department. Thus, vehicle above referred to came to be seized even before filing of the complaint.
2. Learned Special Judge has directed interim custody of the vehicle to the petitioner subject to conditions and one such condition imposed is, furnishing of bank guarantee to the tune of Rs.15,00,000/- (Rupees fifteen lakhs only) by petitioner.
3. This Court by following earlier decisions has held that unless there are special reasons, stringent condition should not be imposed vide SHRI SHAMBULINGAPPA vs THE STATE OF KARNATAKA (Crl.P.No.100868/2018 decided on 25.04.2018) .
4. In these circumstances, condition No.(1) imposed by the learned Special Judge by order dated 08.01.2019 directing the petitioner to furnish bank guarantee to the tune of Rs.15,00,000/- (Rupees fifteen Lakhs only) requires to be relaxed.
5. Hence, I proceed to pass the following:
ORDER (i) Criminal Petition is hereby allowed.
(ii) Condition No.(1) imposed by the learned Prl. District and Sessions Judge, Ramanagara by order dated 08.01.2019 in Crl.R.P. No.48/2018 is hereby relaxed and it is ordered that vehicle should be released subject to the petitioner furnishing an indemnity bond for a sum of Rs.15,00,000/- (Rupees fifteen lakhs only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
SD/- JUDGE BS