Karnataka High Court
Sri Puttaraju D vs The State Of Karnataka on 18 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:46000
CRL.P No. 1337 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 1337 OF 2023
BETWEEN:
1. SRI PUTTARAJU D.,
S/O SRI DASAPPA
AGED ABOUT 42 YEARS,
RESIDING AT URDIGERE VILLAGE
TUMAKURU TALUK
TUMAKURU DISTRICT-572140
...PETITIONER
(BY SRI. MOHAN S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH THE RANGE FOREST OFFICER J
AVAGAL, ARASIKERE TALUK
HASSAN DISTRICT
REP. THROUGH STATE PUBLIC PROSECUTOR.
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH 2. THE DEPUTY RANGE FOREST OFFICER
COURT OF JAVAGAL BRANCH,
KARNATAKA
ARASIKERE RANGE, JAVAGAL
ARASIKERE TALUK
HASSAN DISTRICT
REP. THROUGH SPP
...RESPONDENTS
(BY SRI. VENKATSATYANARAYAN A., HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ORDER DATED 26.07.2022 PASSED IN
FOC.NO.12/2022 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND
J.M.F.C., ARASIKERE PRODUCED AT ANNEXURE-C AND THE
ORDER DATED 23.09.2022 PASSED IN CRL.RP.NO.105/2022
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NC: 2023:KHC:46000
CRL.P No. 1337 of 2023
ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, HASSAN, PRODUCED AT ANNEXURE-D CONSEQUENTLY
DIRECT THE DEPUTY RANGE FOREST OFFICER JAVAGAL
BRANCH, ARASIKERE RANGE, JAVAGAL, ARASIKERE TALUK,
2ND RESPONDENT TO RELEASE THE VEHICLE BEARING
REGISTRATION NO.KA-05-MS-1140 (MARUTHI OMNI) SEIZED
ON CONNECTION WITH CASE ROR NO.12/2022-23 PENDING IN
FOC.NO.12/2022 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND
J.M.F.C., ARASIKERE TO THE INTERIM CUSTODY OF THE
PETITIONER.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who is sought to be prosecuted for the offences punishable under Sections 9, 39 and 44 read with Section 51 of Wild Life Protection Act, 1972 filed an application under Sections 451 and 457 of Cr.P.C. for releasing the vehicle which was allegedly used for transporting dead protected animals in violation of the Wild Life Protection Act, 1972.
2. The learned Magistrate rejected the application stating that a similar application was filed with the Deputy Forest Officer and the said application having been adjudicated, the application filed by the petitioner is not maintainable. The said order was confirmed by the learned Sessions Judge in Criminal Revision Petition No.105/2022. Hence, this petition.
3. Heard the learned counsel for the petitioner and learned HCGP for the respondents.
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4. Admittedly, in Crl.P.No.8713/2018 C/w. Crl.P.Nos.8652/2018, 8708/2018, 8711/2018 and 8707/2018 disposed of on 01.02.2019, it is held that any property, including vehicle seized on accusation or suspicion of a commission of offence under 1972 Act can be released by the learned Magistrate pending trial in accordance with Section 50(4) read with Section 451 of the Code and the seizure of any property including the vehicle on the charge of Commission of offence would not make such property to be property of the State under Section 39(1)(d) of the Wild Life (Protection) Act.
5. Admittedly, the seizure of the said vehicle was not reported to the learned Magistrate as contemplated under sub- section 3 of Section 102 of Cr.P.C. The Hon'ble Apex Court in the case of STATE OF MADHYA PRADESH & OTHERS VS. MADHUKAR RAO reported in (2008) 14 SCC 624 has held that sub-section (2) of Section 50 of Wild Life Protection Act having been deleted, an aggrieved person has no option but to approach the Magistrate directly for interim release of the seized vehicle.
6. The Hon'ble Apex Court in the case of SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT reported in (2002) 10 SCC 283 at Para No.14 has held as follows:
"14. In case, where such articles are not handed over either to the complainant or to the person from whom such articles are seized or to its claimant, then the court may direct that such -4- NC: 2023:KHC:46000 CRL.P No. 1337 of 2023 articles be kept in bank lockers. Similarly, if articles are required to be kept in police custody, it would be open to the SHO after preparing proper panchnama to keep such articles in a bank locker. In any case, such articles should be produced before the Magistrate within a week of their seizure. If required, the court may direct that such articles be handed back to the investigating officer for further investigation and identification. However, in no set of circumstances, the investigating officer should keep such articles in custody for a longer period for the purposes of investigation and identification. For currency notes, similar procedure can be followed".
7. In view of the above, the petitioner is entitled for interim-custody of the release of the vehicle, subject to suitable conditions. Accordingly, I pass the following:
ORDER (1) The criminal petition is allowed.
(2) The impugned order dated 26.07.2022 passed in FOC No.12/2022 by the Principal Civil Judge and JMFC, Arsikere and the order dated 23.09.2022 passed by the II Additional District and Sessions Judge, Hassan in Criminal Revision Petition No.105/2022 dismissing the application filed under Sections 451 and 457 of Cr.P.C. are hereby quashed and the application is allowed. (3) The respondent No.2 is hereby directed to release the vehicle bearing Registration -5- NC: 2023:KHC:46000 CRL.P No. 1337 of 2023 No.KA-05-MS-1140 (Maruthi Omni) seized in ROR No.12/2022-23 in FOC No.12/2022, subject to the following conditions:
a. The petitioner shall provide photographs of the vehicle so that the same may be produced during the trial.
b. The petitioner shall execute an acknowledgement for having released the vehicle mentioning the registration number of the vehicle returned to him. c. The petitioner shall provide indemnity bond for a sum of Rs.2,00,000/- with one surety for the likesum.
Sd/-
JUDGE ST