BHARAT SAVANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners. Perused the records.

(2.) The petitioners in the above said cases are all claiming to be the owners of the vehicles. Criminal Petition No.4051/2018 is filed by one Bharath Savanth, owner of TATA Tipper bearing Registration No.GA-09/U- 4253; Criminal Petition No.4052/2018 is filed by one Mubarak Basha, owner of TATA Tipper bearing Registration No.KA-51/AB-0238; Criminal Petition No.4053/2018 is filed by one Abdul Wajaeed, owner of TATA Tipper bearing Registration No.GA-09/U-7277. The petitioners in all the Criminal Petitions, being the owners claim for interim custody of the vehicles in connection with Crime No.63/2018 of Harihara Rural Police Station, on the file of the Principal Civil Judge (Jr. Dn.) & JMFC Court, Harihara, Davanagere District, wherein the learned Trial Judge has passed a common order allowing the applications filed by the petitioners u/s.457 of Cr.P.C., and ordered to release the seized vehicles to the interim custody of the petitioners by imposing certain conditions. Amongst them, particularly condition No.1 directing the petitioner to execute and furnish a bank guarantee for an amount equal to double the value of the seized vehicle as per the Gazette Notification dated 16.11.2017 by the Government of Karnataka.

(3.) The learned counsel for the petitioners submitted that the said notification quoted by the learned Trial Judge is in view of amendment brought to Rule 43 of the Karnataka Minor Mineral Concession Rules, 1994 vide second amendment in 2017 published in Karnataka Gazette by Notification of the Government in No.CI-302 MMN 2017, Bengaluru, dated 16.11.2017. The said amended Rule 43(8) says that