DYAMANNA R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed challenging the order of the I Additional District and Sessions Judge, Chitradurga in Crl.RP.No.151/2019 dated 16.10.2019, confirming the order passed by the Court of the I Additional Civil Judge & JMFC, Chitradurga in Cr.No.238/2019 dated 1.8.2019 by rejecting the application filed under Section 457 of the Cr.P.C. to release the motor cycle bearing Registration No.KA-50/Y-7973. Hence, this petition is preferred seeking to set aside both the above said orders and thereby for a direction to the respondent / State to release the seized vehicle bearing No.KA-50/Y-7973, under P.F.No.121/2019 for the grounds urged in the petition.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the State who appear through video conferencing.

(3.) The factual matrix of the case is as follows: The case in Cr.No.238/2019 came to be registered by the Chitradurga Rural Police against the petitioner herein for offences punishable under Sections 279 , 337 and 338 of the IPC. During the course of investigation, the I.O. had seized the motor cycle bearing Reg.No.KA- 50/Y-7973 which belonged to the petitioner namely Dyamanna and subjected the same under P.F.No.121/2019 as Item No.2. The same is reflected from the material available on record. The petitioner being the owner of the said motor cycle, filed an application under Section 457 of the Cr.P.C. seeking for interim custody of the said motor cycle. However, the I Addl. Civil Judge, Chitradurga, by order dated 01.08.2019, rejected the said application on the ground that Insurance policy covering third party risks was not produced by the petitioner / owner of the vehicle. Being aggrieved by the said order of rejection, the petitioner filed a revision petition in Cr.R.P.No.151/2019 before the I Addl. District & Sessions Judge, Chitradurga. However, the said revision petition as well came to be rejected by order dated 16.10.2019, thus confirming the order of I Addl. Civil Judge, Chitradurga. It is these orders which are under challenge in this petition.