MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this matter is listed for admission, with the consent of the counsel for both the sides, it is taken up for final disposal as the matter is being heard on merits.

(2.) The factual matrix of the case is that the vehicle is seized in connection with the offence under the Karnataka Minor Mineral Concession Rules, 1994 and the application is filed before the VII Addl. District and Sessions Judge, Belagavi, sitting at Chikodi for the release of vehicle in Crl.Misc.No.3355/2018. The District and Sessions Judge by order dated 15.02.2019 allowed the application and imposed certain conditions. The petitioner being the owner of the vehicle, aggrieved by the order of the Court below, insofar as the direction to the petitioner to execute a renewable bank guarantee to the tune of Rs.6,00,000.00 which is double the value of the seized vehicle as assessed by the complainant, the petitioner filed the petition before this Court invoking Sec. 482 of Crimial P.C. praying to modify the impugned order without any bank guarantee.

(3.) The main ground urged in the petition is that petitioner is the owner of the seized vehicle and the order passed by the Court below is illegal, arbitrary and contrary to the law. The petitioner is unable to furnish renewable bank guarantee to the tune of Rs.6,00,000.00 as the direction issued by the District and Sessions Judge is highly improper and perverse and bad in law and hence, prayed this Court to set aside the direction of executing a renewable bank guarantee.