Karnataka High Court
Vittal S/O Dondiba Vaikunte vs The State Of Kanrnataka on 5 January, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.RP No. 100073 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100073 OF 2020
BETWEEN:
VITTAL S/O. DONDIBA VAIKUNTE,
AGE: 37 YEARS, OCC. BUSINESS,
R/O. HORAVALAYA, BAGAVANDRA ONI,
GAMANAGATTI ROAD, NAVANAGAR,
HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580001.
...PETITIONER
(BY SRI BASAVARAJ N. PATIL, ADVOCATE FOR
SRI B. C. JNANAYYASWAMI)
AND:
THE STATE OF KANRNATAKA
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD,
THROUGH DHARWAD RURAL PS.
...RESPONDENT
Digitally
signed by
VIJAYALAXMI
(BY SMT. GIRIJA S. HIREMATH, HCGP)
VIJAYALAXMI M BHAT
M BHAT Date:
2024.01.08
17:10:08
+0530 THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
SECTION 401 OF THE CR.P.C., SEEKING TO CALL FOR THE
RECORDS, PERUSE THE SAME AND SET ASIDE THE ORDER OF
REJECTION PASSED IN CRIME NO.187/2018 DATED 21/08/2018
PASSED BY THE LEARNED IV ADDL. SENIOR CIVIL JUDGE AND
JMFC, DHARWAD AND ORDER DATED 08.08.2019 PASSED BY THE
PRL. SESSIONS JUDGE, DHARWAD IN CRL.A.NO.26/2019, AND
KINDLY BE RELEASE THE VEHICLE TO THE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.RP No. 100073 of 2020
ORDER
1. This revision petition under Section 397 r/w 401
of Cr.P.C., is filed assailing the order dated 21.08.2018
passed by the Court of IV Additional Senior Civil Judge and
JMFC, Dharwad on the application filed under Section 451
r/w 457 of Cr.P.C. in Crime no.187/2018 and the
judgment and order dated 08.08.2019 passed in
Crl.A.No.26/2019 by the Court of Principal Sessions Judge,
Dharwad.
2. Heard the learned counsel for the parties.
3. The petitioner who is the registered owner of
the motorcycle bearing registration No.KA25/EW-6507 had
filed an application under Section 451 r/w 457 of Cr.P.C. in
Crime no.187/2018 before the the Court of IV Additional
Senior Civil Judge and JMFC, Dharwad which was
registered by Dharwad Rural Police Station for the offence
punishable under Section 87 of the Karnataka Police Act.
Along with the application, petitioner had produced the
necessary documents to prove his title over the
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motorcycle of which he had sought interim custody
pending disposal of the case. The said application was
opposed by the prosecution. The learned Magistrate by
order dated 21.08.2018 had dismissed the said application
filed by the petitioner and same was confirmed in appeal
by the learned Sessions Judge. It is in this back ground,
the petitioner is before this Court.
4. The learned counsel for the petitioner submits
that the Courts below have erred in rejecting the
application inspite of holding that the petitioner is the
registered owner of the vehicle.
5. Per contra, the learned HCGP submits that by
imposing suitable conditions vehicle may be released.
6. Undisputedly, there is no other claim by
anybody else in respect of the vehicle of which interim
custody was sought for by the petitioner pending disposal
of the criminal case before the trial Court. The vehicle in
question was seized by the Investigation Officer during the
course of the investigation and produced before the Court.
The petitioner has produced the original RC, Voter ID to
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prove his identification and has produced the insurance
policy copy of the said vehicle. The trial Court after
appreciating the same has observed that the petitioner is
the registered owner of the vehicle in question. In spite of
that, without assigning any proper reason, the trial Court
has rejected the application filed by the petitioner seeking
interim custody of the petitioner.
7. Even the Appellate Court has failed to
appreciate this aspect of the matter and consequently,
rejected the application filed by the petitioner challenging
the order passed by the trial Court. It is trite that except
under exceptional circumstances the vehicles seized during
the course of investigation is required to be released to
the interim custody of its registered owners subject to
conditions, otherwise the vehicles are likely to get
deteriorated and rendered useless as a result of exposure
to sun and rain.
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8. Under these circumstances, I am of the opinion
that petition deserved to be allowed. Accordingly, the
following:
ORDER
Revision petition is allowed. Consequently, the order
dated 21.08.2018 passed by the Court of IV Additional
Senior Civil Judge and JMFC, Dharwad on application filed
under Section 451 r/w 457 of Cr.P.C. in Crime
no.187/2018 and Confirmed in Crl.A.No.26/2019 by the
judgment and order dated 08.08.2019 on the Court of
Principal Sessions Judge, Dharwad judgment are set aside.
The motorcycle bearing registration No.KA25/EW-
6507 is directed to be released to the interim custody of
the petitioner subject to following conditions:-
i) The petitioner shall execute an indemnity
bond before the trial Court undertaking to
produce the motorcycle as and when required
before the trial Court.
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ii) The petitioner shall not create any third party
interest on the motorcycle nor shall change
the colour or identity of the vehicle.
iii) The petitioner shall not use the vehicle for
any illicit or illegal purpose.
Sd/-
JUDGE
VMB
