IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7561/2018 BETWEEN:
State of Karnataka by Besagarahalli Police Station, Represented by the State Public Prosecutor, High Court Building, Benglauru-01 ... Petitioner (By Sri. S. Rachaiah, HCGP) AND:
Madegowda, S/o. Kullegowda, Aged about 70 years, R/o. Dhadadhapura Village, Kirugavalu Hobli, Malavalli Taluk, Mandya District – 571430. ... Respondent This Criminal Petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 20.06.2018, passed by the Court of V Additional District and Sessions Judge, Mandya in Criminal RP.No.99/2018.
This Criminal Petition coming for Admission, this day, the Court made the following:
O R D E R Order dated 20/06/2018 passed by V Additional District & Sessions Judge, Mandya, in Crl.R.P.No.99/2018 by allowing the application filed by respondent herein under Section 457 of Cr.P.C., and ordering for release of seized 14 teak trees, which were subjected to P.F.No.83/2017 at Sl.No.4(1) is called in question in this petition. Though, learned High Court Government Pleader appearing for State vehemently contended that revisional Court has committed a serious error in releasing the goods namely seized teak trees in favour of the respondent. Hence, he prays for allowing the petition by setting aside the order dated 20/06/2018. However, this Court is not inclined to entertain the said prayer, inasmuch as, revisional Court has taken note of the fact that trees which have been seized were grown in a private land and not in the land belonging to Government. Thus, it cannot become the property of the Government and for this reason revisional Court has ordered for release of teak trees in favour of the applicant i.e., respondent herein by imposing certain conditions, which would suffice to safeguard the interest of the prosecution also.
No grounds, criminal petition stands rejected.
Sd/- JUDGE SMJ