VENKATESH NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition to quash and set aside a portion of the order dated 27-5-2019 passed in Crime No.49/2019 of Bharamasagar Police Station on the file of II Additional Civil Judge and J.M.F.C., Chitradurga (for short, 'the trial Court').

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the petitioner is that, he is the General Power of Attorney holder of RC owner of tractor and trailer, bearing Registration No.KA-16 TA-9553 and KA-16 T-2126 which was seized by the Bharamasagar Police in Crime No.49/2019 on the allegation that the vehicle in question was found transporting the sand without licence and the vehicle was subjected to P.F. No.30/2019 of the respondent Police. The petitioner being a General Power of Attorney holder of the vehicle filed an application under Section 457 of the Code of Criminal Procedure (for short, 'the Cr.P.C.') before the trial Court for release of the vehicle. The same came to be allowed by imposing certain conditions including a condition that the petitioner shall furnish a renewable bank guarantee for Rs.2,60,000/- in the name of the Court in a Nationalised Bank vide its order dated 27-5-2019 and the same was challenged by the petitioner before the Principal District and Sessions Judge, Chitradurga, in Cr.R.P. No.70 of 2019 which came to be dismissed on 7-6-2019. Hence, the petitioner is before this Court.