M. MOHAN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved of the condition imposed on him to furnish bank guarantee for release of his lorry bearing No. KA -09 -A -2843 to his interim custody pending disposal of case bearing No. MOC 58/2012 on the file of the Civil Judge (Sr. Dn.) and JMFC, T. Narasipura. The respondent/police on 18.12.2012 at about 5.30 p.m. seized the lorry bearing Regn. No. KA -09 -A -2843 on the allegation that the same was indulged in illegal transportation of sand without there being valid permit issued from the competent authority. After the seizure the same was reported to the learned Magistrate i.e. the Civil Judge (Sr. Dn.) and JMFC, T. Narasipura in MOC NO. 58/2012. Thereafter the petitioner who is the registered owner of the said lorry filed an application u/s. 457(1) of Cr. P.C. praying for interim custody of the said lorry. The learned Magistrate after issuing notice to the State and on hearing released the lorry to the interim custody of the petitioner by imposing certain conditions among which one of them was that he should offer bank guarantee to the tune of Rs. 2,50,000/ - in addition to executing an indemnity bond and a surety for the like sum.

(2.) THE petitioner being aggrieved of the condition directing him to offer bank guarantee to the tune of Rs. 2,50,000/ - go get. his lorry released, filed Crl. R.P. 12/2013 before the III Addl. Sessions Judge at Mysore. The said revision petition came to be dismissed confirming the condition imposed on him by the learned Magistrate. Being aggrieved of the same, the petitioner has filed the present petition seeking to modify the said condition imposed on him.

(3.) THE learned HCGP who has taken notice submits that the order of the learned Magistrate does not call for any interference. However, he submitted that this Court can proceed to pass appropriate orders in the fitness of the case.