MUSTAFA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Revision petitioner/applicant-Sri. Mustafa s/o Maktumsab Rasoolanavar, feeling aggrieved by order passed by the trial Court on the file of IV Additional Senior Civil Judge and JMFC Court, Dharwad, dtd. 17/6/2023 ordering to deposit cash of Rs.5,00,000.00 for release of interim custody of the tractor bearing registration No.KA.27/T-3132, preferred this revision petition.

(2.) Heard the argument of both sides.

(3.) On the strength of complaint filed by Mahesh S/o Somalingappa Pattanshetty criminal law was set into motion by registering case in Dharwad Rural P.S. in Crime No.138/2023 for the offences punishable under Ss. 279, 283, 338, 304(A) of IPC. The tractor bearing registration No.KA-27/T- 3132 and trailer bearing registration No.KA-25/EA- 006146/2014-15 is seized and reported the seizer of the vehicle under P.F No.65/2023 dtd. 8/6/2023 to the Court. The applicant being the R.C. owner, filed application under Sec. 457 of Cr.P.C for releasing vehicle. The trial Court after hearing the arguments of both sides, by order dtd. 17/6/2023 has ordered to release the interim custody of the seized vehicle on depositing of Rs.5,00,000.00 in Court towards the security in compliance of the Rule 232G of the Karnataka Motor Vehicle Rules and also to execute indemnity bond for the like sum amount subject to the conditions imposed by the trial Court.