Karnataka High Court
Smt Pachamma vs State Of Karnataka on 12 June, 2017
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA
CRL.P NO.4522 OF 2017
BETWEEN:
SMT. PACHAMMA
W/O VENKATEGOWDA
MAJOR
R/AT AJJIPURA VILLAGE
HANURU HOBLI
KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT.
THROUGH HER GPA HOLDER
MUTHEGOWDA
S/O VENKATEGOWDA
AJJIPURA VILLAGE
HANURU POST
KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT.
...PETITIONER
(BY SRI: MANJUNATH N D, ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH RAMAPURA POLICE STATION
CHAMARJANAGARA.
2
REPRESENTED BY SPP
(HIGH COURT OF KARNATAKA
AT BENGALURU-560 001.
...RESPONDENT
(BY SRI: S RACHAIAH, HCGP)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C.,
PRAYING TO MODIFY THE CONDITION NO.1 (THAT IS THE
APPLICANT SHALL FURNISH BANK GUARANTEE OF
RS.1,50,000/- FOR ONE YEAR AND IT IS TO BE RENEWED FROM
TIME TO TIME TILL DISPOSAL OF THE CASE) THEREBY RELEASE
THE TRACTOR BEARING REG. NO.KA-10-T-6377 AND TRAILER
BEARING REG. NO.KA-10-T-6378 TO THE INTERIM CUSTODY TO
THIS PETITIONER IN ORDER DATED 15.04.2017 U/S 457 OF
CR.P.C., PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, CHAMARAJANAGARA IN CRL. R.P. NO.48/2017.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
Heard the learned Counsel for the petitioner and the learned High Court Government Pleader. Perused the impugned order.
2. The petitioner who is the owner of tractor bearing registration No.KA-10-T-6377 and trailer bearing registration No.KA-10-T-6378 has filed an application for interim custody of the said vehicle which were seized in connection with 3 Cr.No.19/2017 by the Ramapura Police Station, Chamarajanagar District in PF No.18/2017. The Trial Court has rejected the said application. However, the Sessions Court in Criminal Revision Petition No.48/2017 has allowed the said application and granted interim custody of the said vehicle in favour of the petitioner on certain conditions.
3. The first condition imposed by the revisional Court is called in question before this Court, which reads thus:
"(i) He shall furnish bank guaranty for Rs.1,50,000/- for the above said vehicle i.e., Tractor bearing registration No.KA-10-T-6377 and Trailer bearing registration No.KA-10-T-6378, of any Nationalized Bank for one year and the said bank guaranty shall be continued till disposal of the case."
4. The petitioner has absolutely no objection to abide by the other conditions imposed by the revisional Court. By way of condition No.1, the Court has imposed for furnishing of bank guarantee for Rs.1,50,000/-. The observations made by the Sessions Court is that if the bank guarantee is not ordered, the 4 petitioner may not produce the vehicle before this Court and may hamper the conclusion of trial. This observation, in fact, is not based on sound reasoning. Even the respondent has not raised this objection. The Sessions Court has directed for furnishing of bank guarantee solely on the ground that the petitioner may not produce the said vehicle as and when required for the purpose of identification and confiscation. However, it is suffice that if indemnity bond is imposed upon the petitioner while releasing the said vehicle instead of furnishing bank guarantee. Without there being any reasons and no statutory obligation, the Court cannot impose for furnishing of bank guarantee which may in fact make the order become futile. In the above said circumstances, the petition deserves to be allowed and the said condition should be replaced by imposing appropriate condition by this Court.
5. Hence, the following:
ORDER The petition is allowed. Condition No.1 imposed by the Sessions Court is relaxed and modified as follows:5
"He shall furnish indemnity bond for a sum of Rs.1,50,000/- for the above said tractor bearing registration No.KA-10-T-6377 and trailer bearing registration No.KA-10-T- 6378 and shall also furnish a surety for the same amount to the satisfaction of the Trial Court."
The rest of the conditions are un-disturbed.
Sd/-
JUDGE *bgn/-