Karnataka High Court
Ashok S/O Bhimasi Lamani And Anr vs The State By Jal Nagar P.S., on 21 June, 2018
1 Crl.R.P.No.200092/2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21st DAY OF JUNE, 2018
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL REVISION PETITION NO.200092/2017
BETWEEN:
1. Ashok S/o Bhimasi Lamani,
Age 42 years, Occ. Business,
R/o Baratagi, Tq. & Dist. Vijaypur.
2. Jamalabai W/o Balu Chavan,
Age 42 years,
Occ. Agriculture and Household,
R/o Begum Talab Tanda,
Tq. & Dist. Vijaypur.
... Petitioners
(By Sri B.K.Hiremath, Advocate)
AND:
The State by Jal Nagar Police Station,
Taluk and District Kalaburagi,
Represented by State Public Prosecutor,
High Court of Karnataka,
Kalaburagi Bench.
... Respondent
(By Sri Mallikarjun Sahukar, HCGP)
2 Crl.R.P.No.200092/2017
This Criminal R. P. is filed under Section 397 of
Criminal Procedure Code praying to allow the petition and
set aside the impugned order passed by the II Additional
Sessions Judge at Vijaypur in Jalnagar Police Station of
Crime No.32/2017 dated 27.07.2017 rejecting the
application filed by the applicants for release of vehicles
i.e., Maruti Swift car pertaining to petitioner No.1 and
Discover DTS motorcycle pertaining to petitioner No.2 in
favour of the petitioners.
This petition is coming on for orders this day, the
Court made the following:
ORDER
Heard.
2. Jalnagar Police of Vijaypur seized Maruti Swift VDI BS IV Car No.KA-28-N-8597 and Discover DTS SI Drum Brake motorcycle No.KA-28-EA-3347 in Crime No.32/2017 of their police station. The said case was registered alleging that the accused of the said case kidnapped the victim girl using the aforesaid vehicles and accused No.1 committed rape on victim girl and the other accused abetted accused No.1 to commit the said crime.
3 Crl.R.P.No.200092/2017
3. The case was registered for the offence under the Protection of Children from Sexual Offences Act and Indian Penal Code provisions. The seizure of the vehicles was reported to the court under P.F.Nos.11/2017 and 32/2017. The petitioners claiming themselves to be the registered owners of the said vehicles filed applications before the trial court for interim custody of the said vehicles.
4. The trial court by the impugned order rejected the said applications on the ground that the charge sheet in the case is yet to be filed and the offences alleged are serious one.
5. There are no rival claimants to the properties. The car was seized from the custody of the first petitioner as mentioned in the PF and the mahazar. Petitioner No.2 is the mother of the victim girl. Prosecution does not dispute that petitioners are the registered owners of the said vehicles. It is 4 Crl.R.P.No.200092/2017 submitted that the investigation is almost completed and charge sheet is about to be filed.
6. The continuation of the vehicles in the police station is likely to diminish their value due to the exposure to the sun, rain, air and idling. Considerations in release of properties are probability of securing them for trial for identification by witnesses and whether they are liable for confiscation.
7. The Hon'ble Supreme Court Sunderbhai Ambalal Desai vs. State of Gujarat - AIR 2003 Supreme Court 638, has held that the vehicles seized in the criminal cases should be disposed of expeditiously adopting necessary safeguards.
8. Having regard to the said judgment and the aforesaid facts the trial court was not justified in rejecting the applications on the ground of non-filing 5 Crl.R.P.No.200092/2017 of the charge sheet and gravity of the offence. Therefore, the petition is allowed.
9. The impugned order dated 27.07.2017 passed by the II Additional Sessions and Special Judge, Vijaypur in Crime No.32/2017 is hereby set- aside. The applications of the petitioners under Section 457 Cr.P.C are hereby allowed.
10. The Investigating Officer in Crime No.32/2017 of Jala Nagar Police Station is directed to release the vehicles namely Maruti Swift VDI BS IV Car No.KA-28-N-8597 and Discover DTS SI Drum Brake motorcycle No.KA-28-EA-3347 to petitioners No.1 and 2 respectively subject to the following conditions ;-
1. Petitioners No.1 and 2 shall execute indemnity bond in a sum of Rs.50,000/- (Rupees Fifty Thousand) and Rs.5,000/- (Rupees Five Thousand) respectively and furnish one surety in sum of Rs.25,000/- 6 Crl.R.P.No.200092/2017
(Rupees Twenty Five Thousand) for production of the properties as and when required for the purpose of trial.
2. They shall not change the identity of the properties and shall not alienate the properties till disposal of the case.
3. They shall produce the said properties as and when required.
SD/-
JUDGE sn