Karnataka High Court
Mr Pawan Verma vs The State Of Karnataka on 28 June, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:23994
CRL.P No. 3364 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3364 OF 2024
BETWEEN:
MR. PAWAN VERMA,
S/O ANIL VERMA,
AGED ABOUT 39 YEARS,
NO. E-2, GALI NO. 10-E BLOCK,
DAYAIPUR, NORTH EAST DELHI,
DELHI-110 094.
...PETITIONER
(BY SRI. KARTHIK B.Y., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
SUB INSPECTOR OF POLICE
CHANDRSHEKARPURA P S
Digitally signed GUBBI,
by NAGAVENI
Location: HIGH REPRESENTED BY THE
COURT OF
KARNATAKA STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDINGS,
BANGALORE-560 001.
...RESPONDENT
(BY SRI. B.N. JAGADEESH, ADDL.SPP)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO 1.
SET ASIDE THE IMPUGNED ORDER DATED 15.02.2024 PASSED
BY THE LEARNED ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT
-2-
NC: 2024:KHC:23994
CRL.P No. 3364 of 2024
GUBBI IN CR.NO.87/2023 C.C.NO.33/2024 THE COPY OF
WHICH IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-
F THE CRL.P.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayer:
(i) Set-aside the impugned order dated 15.0.2024
passed by the learned Additional Civil Judge
(Jr.Dn.) & JMFC at Gubbi, in CR No.87/2023, C.C.
No.33/2024. The copy of which is produced
herewith and marked as Annexure-F the
Criminal Petition, and
(ii) Consequently allow the application filed under
Section-451 and 457 of Cr.P.C. and
(iii) Direct the respondent to release the aforesaid
vehicle i.e., Maruti Swift VXI bearing registration
No.DL-14-CE-1627 chassis No.MBHCZC
63SJH255033, Engine No.K12MN7328185 seized
in P.F. No.56/23 to the interim custody of the
applicant.
(iii) This Hon'ble Court be pleased to grant such
other reliefs as this Hon'ble Court be pleased to
grant in the circumstances of the case and in the
interest of justice."
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2. A Fir came to be registered against accused Nos. 1
to 14 for the offences punishable under Sections-380 and 457
of IPC. The vehicle that was used to commit the alleged theft
belongs to the petitioner, who is not an accused. The petitioner
then files an application before the concerned court under
Section-451 and 457 of Cr.P.C. The concerned court rejects the
application on the ground that the accused Nos.1 to 14 have
used the car of the petitioner for the purpose of committing the
alleged theft.
3. The learned counsel for the petitioner seeks to
place reliance upon the judgment rendered by a Coordinate
Bench of this Court in the case of JAVVAJI DHANA THEJA
AND OTHERS VS. STATE OF KARNATAKA AND OTHERS,
passed in Criminal Petition No.9257/20233, dated
27.10.2022, in an identical circumstances.
4. Additional SPP though would refute the submission
that the vehicle used was that of the petitioner, he would admit
that the petitioner is not an accused and he has no role to play
in the alleged theft, as it is only the vehicle that was used.
Though it is only a prima facie submission, in the light of the
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identical issues standing answered by a Coordinate Bench in
the aforesaid judgment, I deem it appropriate to follow the
same and pass the very order that is passed by the Coordinate
Bench. The Coordinate Bench held as follows:
"4. The case of the petitioners is that
they are RC owners of the vehicles bearing
vehicles, (a) Honda City Car GXI bearing
registration No.KA-51-M-4532 which was
seized in PF.No.135/2021, (b) Honda Dio bike
bearing NO. KA-05-KC-0025 seized in
PF.No.137/2021, and (c) Bajaj auto bearing
No.KA-01-AK-7902 seized in PF No.152/2021
by the R.R.Nagar police station in respect of
Crime No.188/2021 for the offence punishable
under Sections 307, 341, 506 read with 34 of
IPC. The matter was committed to the court of
Sessions and pending for trial when the
application came to be filed by the petitioners
it came to be rejected for the purpose of
identification, which was challenged by the
petitioner before this Court.
5. Having heard the arguments and
perusal of records which reveals of course the
petitioner not moved any application even
though vehicles are seized in the year 2021
which was said to be involved in commission
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of a crime used by the accused persons. But
these petitioners are only RC owners and they
are not the accused before the trial court. The
vehicles said to be used by the accused
persons, which are seized by the police during
the investigation. As per the judgment of the
Hon'ble Supreme Court in Sunderbhai Ambalal
Desai vs State Of Gujarat reported in (2002)
10 SCC 382 the vehicles shall not be allowed to
lie idle in front of the police station. The
Magistrate or the Court shall dispose of the
application for releasing the vehicles to the RC
owners, by imposing certain conditions. Such
being the case, the trial court rejecting the
application for releasing the vehicle is not
correct and if the vehicles are allowed to lie in
front of the police station, there may be wear
and tear and it cannot be possible for the
police to bring the vehicles to the court for the
purpose of identification. The Hon'ble Supreme
Court also laid down the guidelines for taking
of the photographs of the vehicle with the
panchanama by the Investigation Officer while
releasing the vehicle. Such being the case, on
the ground of identification rejecting the
application for release of vehicle is not correct.
Therefore, the impugned order passed by the
trial court is liable to be set aside."
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5. Accordingly, this petition is allowed. The order of
the trial court dated 15.0.2024 passed by the learned
Additional Civil Judge (Jr.Dn.) & JMFC at Gubbi, in CR
No.87/2023, C.C. No.33/2024 is set aside. The application filed
by the petitioners under Section 451 and 457 of Cr.P.C is
hereby allowed, with the following conditions;
(i) The trial court is directed to release the vehicle to the
petitioner by taking out indemnity bond of (a)
Rs.3,00,000/- towards the Maruti Swift VXI bearing
registration No.DL-14-CE-1627 Chassis No.MBHCZC
63SJH255033, Engine No.K12MN7328185 seized in P.F.
No.56/23 with surety for the likesum to the satisfaction
of the trial court; and
(ii) The Investigation officer is directed to release the
vehicle by taking out the photographs of the vehicles in
different angles along with the panchanama and produce
the same before the trial court for the purpose of
identification.
Sd/-
JUDGE
JJ
