Karnataka High Court
Sompal vs State Of Karnataka on 25 October, 2012
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IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 25TH OCTOBER 2012
BEFORE
THE HON'BLE MR. JUSTICE B.V. PINTO
CRIMINAL PETITION NO.6657/2012
BETWEEN
SOMPAL, S/O RAM AVATHAR,
AGED ABOUT 26 YEARS,
R/O KHIRKA FATHGANGA,
WEST, BARELLY DISTRICT,
UTTAR PRADESH,
REPRESENTED BY THE AUTHORISED
TRANSPORTER P.K.A PILLAI, 56 YEARS,
S/O KOCHU PILLAI PULLAMPALLI HOUSE,
ELIPPAKULAM PO, VALLIKUNNAM,
MAVALIKARA, ALAPUZHA,
PROPRIETOR: M/S EXCEL TRANSPORTER
17, KRISHNA VIHAR, FAZIABAD ROAD,
CHINHUT, LUCKNOW-226 019. ... PETITIONER
(BY SMT BUDRUNNISA, ADV.)
AND
STATE OF KARNATAKA
BY GUNDLUPET POLICE STATION
CHAMARAJNAGAR DISTRICT-571 111.. RESPONDENT
(BY SRI B. RAJA SUBRAMANYA BHAT, HCGP.)
THIS CRIMINAL PETITION IS FILED U/S.482
CR.P.C PRAYING TO MODIFY THE ORDER PASSED BY
THE DISTRICT AND SESSIONS JUDGE,
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CHAMRAJANAGAR IN CRIMINAL R.P.NO.21/2012
DATED 3.5.2012 AND NOW PENDING ON THE FILE OF
THE CIVIL JUDGE AND JMFC, GUNDLUPET.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT PASSED THE
FOLLOWING:
ORDER
Heard Smt. Budrunnissa, learned counsel for the petitioner and Sri. B. Raja Subramanya Bhat, learned High Court Government Pleader appearing for respondent - State.
2. This Criminal Petition is filed to modify the order passed by the District and Sessions Judge at Chamarajanagar in Criminal R.P. No.21/2012 dated 3.5.2012, in respect of the condition of imposition of Bank Guarantee of Rs.1 lakh for release of the Lorry bearing temporary Regn. No.UP-32/ATC-2165 involved in Crime No.56/2012 of Gundlupet Police Station registered for the offence punishable under Sections 279, 337 and 304A IPC.
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3. The learned Sessions Judge has considered the fact that the petitioner is from Lucknow and also the vehicle is registered in Uttar Pradesh and hence, imposing condition for furnishing Bank Guarantee of Rs.1 lakh for release of the vehicle is reasonable since the value of the vehicle is Rs.6 lakhs. Hence, I am of the considered opinion that the condition imposed is neither un-reasonable nor excessive.
Accordingly, the Criminal Petition is dismissed.
Sd/-
JUDGE PL