MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner-owner of the vehicle for modification of the condition imposed in Crl. Mis. No.115/2020 (PCR No. 03/2020) dated 18.06.2020 by Addl. District and Sessions Judge, Gadag wherein the petitioner is directed to furnish a renewable Bank Guarantee of Rs.6,00,000/- which is double the value of the vehicle as assessed by the complainant. The said condition has been imposed by allowing the application filed by the petitioner seeking release of the vehicle under Section 457 of Cr.P.C. and Rule 43(8) of KMMC Rules 1994.

(2.) I have heard the learned counsel for the petitioner and learned HCGP for the respondent-State.

(3.) The factual matrix of the case are that on 01.05.2020 when complainant was on patrolling duty near Chichli, they saw that Tractor was approaching from the opposite direction, they gave signal to the driver to stop the tractor and accordingly, the driver stopped the vehicle. On inspection they found that it was loaded with sand and on enquiry the driver told that he does not have permit or license and his name as Mallikarjun Hanumanthappa Challannavar, resident of Mulgund and he is the owner of the tractor and trailer. The tractor and trailer did not have registration number and therefore, engine number and chasis number were recorded and complainant secured panchas and prepared Mahazar and seized the tractor and trailer.