IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.46825 OF 2017 (GM-RES) BETWEEN:
SRI SURESH S/O VASU NAYAR AGED ABOUT 32 YEARS RESIDENT OF 1-112 KERYA HOUSE, PUDUVETTU BELTHANGADY TALUK – 575 214.
(BY SRI ARUN SHYAM M., ADVOCATE) AND:
THE STATE OF KARNATAKA BY SHO BANTWAL RURAL POLICE STATION D.K., REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.
… PETITIONER ... RESPONDENT (BY SRI S.RACHAIAH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA R/W. 482 OF CR.P.C., PRAYING TO QUASH/MODIFY/RELAX THE CONDITION NO.1 IMPOSED BY THE LEARNED PRL.SESSIONS JUDGE, D.K., MANGALURU IN CRL.MIS.NO.1085/2017 BY VIDE ORDER DATED 28.09.2017 TO THE EXTENT OF FURNISHING A BANK GUARANTEE FOR RS.10,00,000/- IN FAVOUR OF JURISDICTIONAL COURT VIDE ANNEXURE – A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Sri Arun Shyam, learned counsel appearing for petitioner and Sri S. Rachaiah, learned HCGP appearing for respondent. Perused the records.
2. By consent of both parties, this writ petition though listed for preliminary hearing, is taken up for final disposal and disposed of by this order.
3. Petitioner filed an application under Section 457 Cr.P.C. for release of Tipper Lorry bearing registration No.KA-19-D-4625 before the learned Sessions Judge, who by order dated 28.09.2017 (Annexure-A), allowed the said application on certain conditions. Amongst other conditions which came to be imposed, one such condition was that petitioner should execute a bank guarantee for a sum of Rs.10 lakhs in favour of the Jurisdictional Court. Being aggrieved by said condition, petitioner is before this Court, contending inter alia that under similar circumstances, this Court had granted relaxation of said condition and as such petitioner has prayed for similar orders being passed.
4. Learned HCGP would not dispute the fact that Crl.P.No.2387/2017 disposed of on 20.03.2017 and other connected matters, this Court had relaxed said condition by modifying the same.
5. Having regard to the fact this Court in Criminal Petition No.2387/2017 disposed of on 20.03.2017 and also in Criminal Petition No.6040/2017 disposed of on 18.08.2017 had relaxed the condition of furnishing bank guarantee and had directed the release of vehicle by directing the applicant to furnish the indemnity bond with one surety, this Court is of the considered view that petitioner would be entitled for similar relief. In view of the fact that jurisdictional Sessions Court itself has imposed the condition of directing the petitioner to furnish indemnity bond of Rs.10,00,000/- with one surety, this Court is of the considered view that said condition itself would suffice. However, additionally it is hereby ordered that in the event of said vehicle is found plying for the purpose of carrying out the activity similar to the one alleged or the vehicle in question is found to be involved for same offence, the indemnity bond executed by the petitioner shall be forfeited to State and vehicle shall be confiscated. Subject to above and the conditions as imposed by the learned Principal Sessions Judge, D.K., Mangaluru in Criminal Misc.Case No.1085/2017 dated 28.09.2017 (Annexure-A), namely condition No.1 would stand set aside and in substitution to the same, it is ordered as under:
“It is further directed that in the event of the vehicle in question is found to be involved in similar offence, the indemnity bond executed by the petitioner shall stand forfeited and the vehicle shall stand confiscated to the State”.
Accordingly, Writ Petition is allowed.
SD/- JUDGE ca