IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.44967 OF 2017 & WRIT PETITION No.45093 OF 2017 (GM-RES) BETWEEN :
1. DEVAMMA, W/O. CHIKKARANGASHETTY, AGED ABOUT 48 YEARS, 2. NANJASHETTY, S/O. SANNASIDDASHETTY, AGED ABOUT 51 YEARS, THROUGH THEIR GPA HOLDER KRISHNASHETTY B.N, S/O. NANJASHETTY, ALL ARE R/A BANNITALAPURA VILLAGE, KASABA HOBLI, GUNDLUPET TALUK, CHAMARAJNAGAR DIST:571111.
... PETITIONERS (BY SRI. MANJUNATH N.D., ADV.,) AND:
STATE OF KARNATAKA THROUGH GUNDLUPET POLICE STATION, CHAMARAJANAGARA DIST:571111 REP BY SPP, HIGH COURT OF KARNATAKA AT BENGALURU-560001) ... RESPONDENT (BY SRI. S.RACHAIAH, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE CONDITION NO.1 (THAT IS THE APPLICANT SHALL FURNISH BANK GUARANTEE FOR RS.50,000/- FOR ONE YEAR AND IT IS TO BE REMOVED FROM TIME TO TIME TILL DISPOSAL OF THE CASE) PUT AS PER THE ORDER DATED 20.04.2017 BY THE PRL. DISTRICT AND SESSIONS JUDGE AT CHAMARAJNAGARA IN CRL.R.P. NO.56/2017.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri N.D. Manjunath, learned counsel appearing for petitioners and Sri S.Rachaiah, learned HCGP, appearing for respondent. Perused the records.
2. By consent of both parties, these Writ Petitions are though listed for preliminary hearing, are taken up for final disposal and disposed of by this order.
3. Petitioners filed an application under Section 457 Cr.P.C. for release of Tractor bearing registration No. KA-10-T-8016 and Trailor bearing registration No. KA-10-T-1088 before the jurisdictional Magistrate. After considering the application, learned Magistrate by order dated 9.3.2017 rejected said application. Being aggrieved by the same, petitioners filed a Revision Petition before the learned Principal District and Sessions Judge, Chamarajanagar, in Criminal Revision Petition No. 56/2017. The learned Sessions Judge by allowing the Revision Petition and the application filed by the petitioners under Section 457 Cr.P.C. ordered for release of said vehicles conditionally, namely petitioner was not only directed to execute an indemnity bond of Rs.2,00,000/- each with one surety for the like sum and additional conditions were also imposed. In so far as the imposition of the condition directing the petitioners to furnish the bank guarantee petitioners are before this Court assailing the same, contending inter alia that under similar circumstances this Court had only restricted the prayer for furnishing indemnity bond by the applicant by setting aside the condition for furnishing 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 Criminal Petition No. 6040/2017 disposed of on 18.8.2017 had relaxed the condition in so far as furnishing of bank guarantee is concerned and had directed the release of the vehicle by directing the applicant to furnish the indemnity bond with one surety, this Court is of the considered view that petitioners are also entitled for similar relief. In view of the fact that jurisdictional Sessions Court itself has imposed the condition of directing the petitioners to furnish indemnity bond of Rs.2,00,000/- each with one surety, this Court is of the considered view that it would suffice. However, additionally it may be ordered that in the event of the 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 for same offence, the indemnity bond executed by the petitioners shall be forfeited and vehicles shall be confiscated. Subject to above and the conditions as imposed by the Revisional Court in Criminal Revision Petition No.56/2017 dated 20.4.2017 (Annexure-G), 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 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 ckl