Karnataka High Court
Vijayendra vs The State Of Karnataka on 15 November, 2017
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.200900/2017
BETWEEN:
Vijayendra S/o Vamanrao Jahagirdar,
Age 60 Years,
Occ : Agriculture,
R/o Shirabur Inam,
Tq. Indi, Dist. Vijayapura--586209.
... Petitioner
(By Sri R.S. Lagali, Advocate)
AND:
The State of Karnataka,
Through PSI, Indi Rural PS,
Rep. by the Addl. State Public Prosecutor,
High Court of Karnataka,
Kalaburagi Bench-585107.
... Respondent
(By Sri Maqbool Ahmed, HCGP)
2
This criminal petition is filed under Section 482
of Cr.P.C. praying to, allow the application filed under
Section 457 Cr.P.C. for interim custody of the HMT
Tractor Bearing T.R.No.KA-48/X-1652 with Chassis
bearing No.47870, Engine No.T.0529 and Tractor
bearing Serial No.7694 and Yellow and Blue in colour
by setting aside the order dated 17.07.2017 passed in
Crl.Rev.Petition No.120/2017 by the Principal
Sessions Judge/Special Judge, Vijayapur as well as
the order dated 12.04.2017 passed by the Addl. Civil
Judge & JMFC Court Indi. In Indi Rural PS Crime
No.23/2017.
This petition coming on for admission this day,
the court made the following:
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petition is filed under Section 482 of Cr.P.C. against the order dated 12.04.2017, passed by the Addl. Civil Judge & JMFC, Indi, wherein the vehicle bearing No.T.R.No.KA-48/X-1652 with 3 Chassis bearing No.47870, Engine bearing No.T0529 and Tractor bearing Serial No.7694 came to be seized in crime No.23/2017 for the offence punishable under Section 379 of IPC along with Sections 4, 4(1A) of Mines and Minerals (Development & Regulation) Act, 1957 along with chapter 31 R(13) New Sand Policy 2011, wherein the petition was filed before the learned Addl. Civil Judge and JMFC Court, Indi, seeking release of the said vehicle was dismissed on 12.04.2017, as it was seized in the said case, against which the revision was preferred before the learned District Judge in Crl.R.P.No.120/2017, dated 17.07.2017, which also came to be dismissed. The order passed by the learned District Judge in revision petition suggests that there are no reasonable grounds for releasing the said vehicle. 4
3. Learned counsel for the petitioner would submit that the vehicle is getting rusted. It was further submitted that the vehicle was purchased on loan. He has to pay monthly installment and other finance corporation. Thus, being an agriculturist the petitioner is facing problem without vehicle. Further, about temporary registration of the vehicle is also mentioned, it is as under :-
"Since the tractor has temporary registration certificate which was expired and the petitioner in order to get the permanent registration done approached the RTO office, Vijayapura. The MV Inspectors are insisting that the tractor has to be produced for inspection and therefore, in spite of petitioner paying the require fees and other charges the authorities cannot issue permanent registration without production of the tractor. The petitioner has produced all the documents. All these documents clearly shows that the petitioner is the owner of the vehicle so seized. Registration of the tractor held up for the reasons that the matter is pending before the Court and vehicle is kept in Police Station, Indin."5
Thus, permanent registration has not been obtained.
4. In this connection learned High Court Government Pleader would submit that the petitioner is not entitled to secure the vehicle, as temporary registration is not regularized.
5. The facts are that petitioner is an agriculturist and tractor and trailer was used for agriculture purpose. He has to maintain the agriculture work, now he is being deprived of the vehicle.
6. Learned counsel for the petitioner would submit that the petitioner is suffering from lack of resources and he could not get the permanent registration. However, now he has filed an application 6 with fee for permanent registration, it is under process before the competent authority.
7. The orders of the learned Addl. Civil Judge and JMFC, Indi and Prl. Sessions Judge, Vijayapur fail in the test of consideration. Thus, the said orders liable to be set aside.
Hence, the following:
ORDER The petition filed under Section 482 of Cr.P.C. is allowed.
The orders passed by the learned Addl. Civil Judge and JMFC, Indi and Prl. Sessions Judge, Vijayapur, rejecting conditional release are hereby set aside.
Release the vehicle subject to the following :7
Conditions
1. Petitioner shall execute a indemnity bond of Rs.2,00,000/- and shall offer a surety for Rs.1,00,000/-.
2. Petitioner shall produce the vehicle before the Court when directed to do so.
3. Petitioner shall not dispose of the vehicle in any manner till disposal of the case.
4. Petitioner shall not change the colour of the vehicle.
Sd/-
JUDGE RSP