Mohd. Moiz S/O Lalansab vs The State Of Karnataka And Ors
2023 Latest Caselaw 1301 Kant

                                               -1-
                                                        WP No. 200509 of 2023




                        IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                          DATED THIS THE 14TH DAY OF FEBRUARY, 2023

                                             BEFORE
                        THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                         WRIT PETITION NO.200509 OF 2023 (GM-POLICE)
                   BETWEEN:

                   1.    MOHD. MOIZ S/O LALANSAB
                         AGED ABOUT 22 YEARS
                         OCC: OWNER -CUM DRIVER OF TEMPO,
                         R/O KALMAL VILLAGE, TQ. ZAHEERBAD
                         DIST. SANGAREDDY (TELANGANA STATE)

                                                                 ...PETITIONER
                   (BY SRI. MOGHA SUDHAKAR RAO, ADVOCATE)

                   AND:

                   1.    THE STATE OF KARNATAKA
                         REP. BY ITS CHIEF SECRETARY,
                         GOVERNMENT OF KARNATAKA,
                         VIDHAN SOUDHA,
Digitally signed         BANGALORE-560001
by
KHAJAAMEEN
L MALAGHAN         2.    THE ASSISTANT COMMISSIONER
Location: High
Court of                 BIDAR, DIST. BIDAR-585401
Karnataka

                   3.    THE POLICE SUB-INSPECTOR,
                         MARKET POLICE STATION,
                         BIDAR-585401
                         REP. BY ITS APP, HIGH COURT OF KARNATAKA,
                         KALABURAGI BENCH

                                                              ...RESPONDENTS

                   (BY SRI. VEERANAGOUDA MALIPATIL, HCGP)
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                                         WP No. 200509 of 2023




      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND    227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR
ORDER QUASHING THE IMPUGNED ORDER DATED 27.12.2022
PASSED BY 2ND RESPONDENT IN FILE NO.MAG/CR-33/2022-
23/2803 VIDE ANNEXURE-C AND ETC.

      THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

                             ORDER

In view submission of learned counsel for the petitioner,

the office objections are over-ruled.

02. The learned High Court Government Pleader

accepts notice for the respondents.

03. The petitioner in this case is questioning the order

at Annexure-C, wherein the application for release of the

vehicle belonging to the petitioner is allowed, subject to the

condition that the petitioner should furnish bank guarantee for

Rs.5,00,000/-.

04. The learned counsel for the petitioner would submit

that the controversy involved in this case is squarely covered in

terms of the judgment of this Court in W.P.No.202485/2021.

WP No. 200509 of 2023

05. The learned Additional Government Advocate would

not dispute this fact.

06. This Court has perused the records. In similar

circumstances where the application for release of the vehicle

was allowed subject to the condition that the petitioner has to

furnish the bank guarantee, this Court has held that there is no

need to furnish the bank guarantee provided the petitioner

furnishes the solvent surety for the said sum. This Court is

convinced that the case on hand is similar.

07. Under these circumstances, the petition is allowed.

The impugned order is modified to the extent of saying that the

petitioner's vehicle shall be released on petitioner furnishing

solvent surety for a sum of Rs.5,00,000/-.

08. With the above observation, the writ petition is

allowed.

Sd/-

JUDGE

KJJ