Karnataka High Court

Sri Sunil B V vs State Of Karnataka on 22 June, 2023

Bench: M.Nagaprasanna

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                                                          NC: 2023:KHC:21673
                                                          CRL.P No. 3680 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 22ND DAY OF JUNE, 2023

                                               BEFORE
                             THE HON'BLE MR JUSTICE M.NAGAPRASANNA


                                CRIMINAL PETITION NO. 3680 OF 2023


                      BETWEEN:

                      SRI. SUNIL B. V.,
                      S/O VENKATARAMU,
                      AGED ABOUT 22 YEARS,
                      R/AT BELLALE VILLAGE,
                      MELUKOTE HOBLI,
                      PANDAVAPURA TALUK,
                      MANDYA DISTRICT - 571 434.

                                                                   ...PETITIONER
                      (BY SRI. GIRISH KUMAR B. M., ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA,
                            BY SRIRANGAPATNA POLICE STATION,
Digitally signed by         REPRESENTED BY STATE PUBLIC PROSECUTOR,
PADMAVATHI B K              HIGH COURT BUILDING,
Location: HIGH              DR. AMBEDKAR VEEDHI,
COURT OF
KARNATAKA                   BENGALURU - 560 001.

                      2.    THE ASSISTANT COMMISSIONER,
                            AND EXECUTIVE MAGISTRATE OF
                            PANDAVAPURA,
                            MADYA DISTRICT - 571 434.

                                                                 ...RESPONDENTS

                      (BY SRI. MAHESH SHETTY, HCGP FOR R1 AND R2)
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                                       NC: 2023:KHC:21673
                                        CRL.P No. 3680 of 2023




     THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.
PRAYING TO SET ASIDE THE ORDER DATED 03.03.2023
PASSED IN CRL.RP NO. 5062/2022 PASSED BY THE III ADDL.
DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT
SRIRANGAPATNA) VIDE ANNEXURE-A.2 AND ETC.,

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

The petitioner is before this Court seeking the following

prayer:

" PRAYER

WHEREFORE, the Petitioner most humbly and respectfully prays that this Hon'ble Court may be pleased to:

(a) Set aside the Order dated 03.03.2023 passed in Crl.R.P.No.5062/2022 passed by the III Addl. District and Sessions Judge, Mandya (Sitting at Srirangapatna) vide Annexure - A;

(b) Consequently, direct the release of Mahindra Supro Goods Vehicle bearing registration no.KA-11 C-1496 to the Petitioner;

(c) Grant such other relief/s, pass such other Order/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity"

NC: 2023:KHC:21673 CRL.P No. 3680 of 2023

2. Heard Sri.Girish Kumar B.M., learned counsel

appearing for the petitioner and Sri. Mahesh Shetty, the

learned High Court Government Pleader appearing for the

respondents.

3. A crime comes to be registered against the

petitioner in Crime No.174/2022 for offences punishable under

Sections 4, 5 and 12 of Karnataka Prevention of Cow Slaughter

and Cattle Prevention Act, 2020 read with Section 11(D) of

Prevention of Cruelty to Animals Act, 1960 and Sections 177

and 192(A) of the Indian Motor Vehicles Act, 1988.

4. The Police after investigation have filed a charge

sheet in the matter and at the time when the crime was

registered, the vehicle of the petitioner had been seized. The

petitioner filed an application before the concerned Court

seeking release of the vehicle. The Assistant Commissioner

rejected the application of the petitioner, which drove the

petitioner to file a Revision Petition before the learned Sessions

Judge in Crl.R.P.No.5062/2022 which also comes to be

dismissed. It is therefore the petitioner is before this Court.

NC: 2023:KHC:21673 CRL.P No. 3680 of 2023

5. Learned counsel appearing for the petitioner

submits that the issue in the lis is covered by the judgment

rendered by the co-ordinate Bench of this Court in

Crl.P.No.8720/2019, disposed on 30.01.2020, on identical

circumstances.

6. Learned High Court Government Pleader though

refute the submissions would admit the position of law as is laid

down by the co-ordinate Bench in the aforesaid judgment. The

co-ordinate Bench has held as follows:

"7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.

8. It is well settled proposition of law by the Hon'ble Apex Court in the case of SUNDERBHAI AMBALAL DESAI vs. STATE OF GUJARAT, reported in (2002)10 SCC 283 has held that the application filed under Section 457 of Cr.P.C has to be disposed of expeditiously by exercising the judicial power since the valuable articles, currency notes and the vehicle seized cannot be kept in front of Police Station. It is also

NC: 2023:KHC:21673 CRL.P No. 3680 of 2023

observed that the owner of the article would not suffer because of its remaining unused or by its misappropriation. At paragraph No.7 of the said decision has been observed as under;

"7. In our view, the powers under Section 451 Cr.P.C. should be exercised expeditiously and judiciously. It would serve various purposes, namely:

1. Owner of the article would not suffer because of its remaining unused or by its misappropriation;

2. Court or the police would not be required to keep the article in safe custody;

3. If the proper panchnama before handing over possession of the article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and

4. This jurisdiction of the Court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles.

9. Keeping in view the ratio laid down in the above decision, on perusal of the records

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though it is contended by the learned High Court Government Pleader that earlier also the said vehicle has been got released but subsequently the same has been used by violating the conditions imposed by the Court. If again the said vehicle is released, again similar type of offences are going to be committed. But if the said vehicle is kept unused, then under such circumstances, the said vehicle will become useless and the owner of the said vehicle will suffer the greater hardship and if the said vehicle kept in front of Police Station then there is possibility of committing theft of machineries and other articles pertaining to the said vehicle. If the stringent conditions are imposed and vehicle is released then under such circumstances, it is going to meet the ends of justice.

10. In that light, the petition is allowed and the order dated 03.08.2018 passed by the II Additional District and Sessions Judge, Hassain in Crl.R.P.No.55/2018 is set aside and the vehicle bearing Reg.No.KA-13-B-342 be released in favour of the RC owner, subject to following conditions;

1) Petitioner/accused No.2 shall execute a personal bond for a sum of Rs.4,00,000/-(Rupees Four Lakhs Only) with two sureties for

NC: 2023:KHC:21673 CRL.P No. 3680 of 2023

the likesum to the satisfaction of the trial Court.

2) He shall not change the identity of the said vehicle.

3) He shall not alienate or create any charge over the said vehicle..

Trial Court is directed to take photographs of the said vehicle and the same may be kept in the file for the purpose of identification and the petitioner and other accused persons are also directed to file an affidavit to the effect that they will not dispute the identity of the said vehicle.

The petitioner/accused No.2 is strictly warned that he should not use the said vehicle for the commission of any of the offences or he should not use the vehicle for illegal purpose. If the vehicle is used for any illegal purpose, the bond executed by the petitioner/accused No.2 shall be forfeited to the Government. In that regard, an indemnity bond may be taken by the trial Court."

7. In the light of the judgment so rendered by the

co-ordinate Bench in identical circumstance, deeper delving

into the matter, is unwarranted and following the judgment of

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the co-ordinate Bench, I deem it appropriate to pass the

following:

ORDER

(i) The petition is allowed.

(ii) The order dated 03.03.2023 passed by the III Additional District and Sessions Judge, Mandya (Sitting at Srirangapatna) in Crl.R.P.No.5062/2022 is set aside and the vehicle bearing Registration No.KA-11 C-1496 be released in favour of the RC owner, subject to following conditions:

a) Petitioner/accused shall execute a personal bond for a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.

b) He shall not change the identity of the said vehicle.

c) He shall not alienate or create any charge over the said vehicle.

Trial Court is directed to take photographs of the said vehicle and the same may be kept in the file for the purpose of identification and the petitioner is also directed to file an affidavit to the effect that he will not dispute the identity of the said vehicle.

NC: 2023:KHC:21673 CRL.P No. 3680 of 2023

The petitioner/accused is strictly warned that he should not use the said vehicle for the commission of any of the offences or he should not use the vehicle for illegal purpose. If the vehicle is used for any illegal purpose, the bond executed by the petitioner/accused shall be forfeited to the Government. In that regard, an indemnity bond may be taken by the trial Court.