Karnataka High Court
Hussen S/O Appasahab Mulla vs The State Of Karnataka on 7 November, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 100054 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF NOVEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO.100054 OF 2021
BETWEEN:
SHRI. HUSSEN S/O APPASAHAB MULLA,
AGE. 50 YEARS, OCC. BUSINESS,
R/O AT/POST. HUNSHAL, P.G. TALUK, GOKAK,
DIST. BELAAVI, PIN CODE-591218.
... APPELLANT
(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE)
AND:
THE STATE OF KARNATAKA, THROUGH
C.P.I. MALAMARUTI POLICE STATION,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
... RESPONDENT
Digitally signed
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.11.09
10:58:58 +0530 (BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL APPEAL IS FILED U/S 454 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION KINDLY SET ASIDE THE AS FAR
CONCERNED OF M.O.1 AND M.O.2 BEING THE VEHICLE, INTERIM
VEHICLE ARE MADE ABSOLUTE, THE MAHINDRA BOLERO VEHICLE
BEARING NO.49/3381 IS HEREBY CONFISCATED ORDER PASED BY
XI ADDL.DISTRICT AND SESSIONS JUDGE, BELGAUM IN
S.C.NO.129/2018 DATED ON 02/05/2019.
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CRL.A No. 100054 of 2021
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section 454 of Code of
Criminal Procedure (hereinafter referred as 'Cr.P.C' for
brevity) praying to set-aside the order making interim
release of MO-1 and 2 as absolute and confiscation of
Mahindra Bolero vehicle bearing registration No.KA-
49/3381 by order dated 02.05.2019 in S.C.No.129/2018
by XI Additional District and Sessions Judge, Belagavi.
2. Heard learned counsel for the appellant and
learned HCGP for respondent-State.
3. The appellant claims that he is the owner of
Mahindra Bolero vehicle bearing registration No.KA-
49/3381. The said vehicle has been seized during
investigation at the time of drawing spot mahazar. As per
the case of prosecution, the said vehicle was burnt as it
was carrying cattle meat by the accused persons. This
appellant has been examined as PW.5. By judgment dated
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CRL.A No. 100054 of 2021
02.05.2019 accused Nos.1 to 8 have been acquitted for
the offences punishable under Sections 143, 147, 148,
504, 307 and 435 read with Section 149 of Indian Penal
Code. While passing the said judgment of acquittal,
learned Sessions Judge has ordered making the interim
release of MO-1 and 2 as absolute and also passed an
order confiscating the Mahindra Bolero vehicle bearing
registration No.KA-49/3381 to the State. The appellant
has challenged the said order in this appeal.
4. Learned counsel for the appellant would
contend that appellant is the RC owner of Mahindra Bolero
vehicle bearing registration No.KA-49/3381. The
Committal Court by its order dated 06.02.2017 passed on
the application filed by this appellant under Section 451 of
Cr.P.C has allowed the application for interim release of
the said vehicle with conditions to this appellant. Learned
counsel further submits that the appellant did not comply
the said conditions and did not got release of the said
vehicle to his interim custody. He contends that without
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CRL.A No. 100054 of 2021
any reason, the said vehicle has been ordered to be
confiscated to the State in the impugned judgment. The
appellant being the RC owner of the said vehicle is entitled
for release of the said vehicle to his custody.
5. This appellant has been examined as PW.5
wherein he has deposed that he is the owner of Mahindra
Bolero pickup goods vehicle bearing registration No.KA-
49/3381. He further deposed that when CW.1 was driving
the said vehicle carrying cattle meat and on the transit,
the accused persons alleged to have pelted stones on it
and set fire to the said vehicle. The Trial Court records
reveal that the appellant/PW.5 has filed an application
under Section 451 of Cr.P.C seeking release of Mahindra
Bolero vehicle bearing registration No.KA-49/3381 to his
interim custody and the said application came to be
allowed with conditions by an order dated 06.02.2017. It
appears that this appellant has not got release the said
vehicle to his interim custody by fulfilling the conditions
and it remained in the Court custody. There is no
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CRL.A No. 100054 of 2021
allegation of the vehicle being used for commission of the
offence by the accused persons. Learned counsel for the
appellant has made available the extract of RC which
indicates that the vehicle bearing registration No.KA-
49/3381 is in the name of appellant. Even the said vehicle
is ordered to be released to the interim custody of this
appellant. The learned Sessions Judge without considering
these aspects erred in confiscating the said vehicle to the
State. Even though, the appellant has challenged the order
making interim release of MO-1 and 2 as absolute but,
learned counsel has stated that the appellant is no way
concerned to the MO.1 and 2. In view of the above, the
following;
ORDER
The appeal is allowed in part.
The order passed by learned Sessions Judge
confiscating the Mahindra Bolero vehicle bearing
registration No.KA-49/3381 to the State is set-aside. The
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CRL.A No. 100054 of 2021
Mahindra Bolero vehicle bearing registration No.KA-
49/3381 is ordered to be released to the custody of
appellant.
Sd/-
JUDGE
AM/CT:BCK
