Partly allowed

Hussen S/O Appasahab Mulla v. the State of Karnataka

Karnataka HC7 Nov 2023CRL.A/100054/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal partly, setting aside the seizure and confiscation of the appellant’s Mahindra Bolero vehicle. The court ordered the vehicle’s release to the appellant’s custody, noting no evidence it was used for the offence despite the acquittal of accused persons.

What did the court decide?

Impugned order confiscating the Mahindra Bolero vehicle No. KA-49/3381 to the State set aside; vehicle ordered to be released to the custody of appellant.

Hussen S/O Appasahab Mulla Vs the State of Karnataka — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC-D:13012 CRL.A No. 100054 of 2021

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF NOVEMBER 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO.100054 OF 2021

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BETWEEN:

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SHRI. HUSSEN S/O APPASAHAB MULLA, AGE. 50 YEARS, OCC. BUSINESS, R/O AT/POST. HUNSHAL, P.G. TALUK, GOKAK, DIST. BELAAVI, PIN CODE-591218.

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… APPELLANT

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(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH C.P.I. MALAMARUTI POLICE STATION, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD.

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… RESPONDENT

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VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPI Date: 2023.11.0910:58:58 +0530

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(BY SRI. P.N. HATTI, HCGP)

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THIS CRIMINAL APPEAL IS FILED U/S 454 OF CR.P.C., SEEKING TO ALLOW THE PETITION KINDLY SET ASIDE THE AS FAR CONCERNED OF M.O.1 AND M.O.2 BEING THE VEHICLE, INTERIM VEHICLE ARE MADE ABSOLUTE, THE MAHINDRA BOLERO VEHICLE BEARING NO.49/3381 IS HEREBY CONFISCATED ORDER PASED BY XI ADDL.DISTRICT AND SESSIONS JUDGE, BELGAUM IN S.C.NO.129/2018 DATED ON 02/05/2019.

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NC: 2023:KHC-D:13012 CRL.A No. 100054 of 2021

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed under Section 454 of Code of Criminal Procedure (hereinafter referred as ‘Cr.P.C’ for brevity) praying to set-aside the order making interim release of MO-1 and 2 as absolute and confiscation of Mahindra Bolero vehicle bearing registration No.KA49/3381 by order dated 02.05.2019 in S.C.No.129/2018 by XI Additional District and Sessions Judge, Belagavi.

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Heard learned counsel for the appellant and learned HCGP for respondent-State.

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The appellant claims that he is the owner of Mahindra Bolero vehicle bearing registration No.KA49/3381. The said vehicle has been seized during investigation at the time of drawing spot mahazar. As per the case of prosecution, the said vehicle was burnt as it was carrying cattle meat by the accused persons. This appellant has been examined as PW.5. By judgment dated

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NC: 2023:KHC-D:13012 CRL.A No. 100054 of 2021

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02.05.2019 accused Nos.1 to 8 have been acquitted for the offences punishable under Sections 143, 147, 148, 504, 307 and 435 read with Section 149 of Indian Penal Code. While passing the said judgment of acquittal, learned Sessions Judge has ordered making the interim release of MO-1 and 2 as absolute and also passed an

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order confiscating the Mahindra Bolero vehicle bearing registration No.KA-49/3381 to the State. The appellant has challenged the said order in this appeal.

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Learned counsel for the appellant would contend that appellant is the RC owner of Mahindra Bolero vehicle bearing registration No.KA-49/3381. The Committal Court by its order dated 06.02.2017 passed on the application filed by this appellant under Section 451 of Cr.P.C has allowed the application for interim release of the said vehicle with conditions to this appellant. Learned counsel further submits that the appellant did not comply the said conditions and did not got release of the said vehicle to his interim custody. He contends that without

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NC: 2023:KHC-D:13012 CRL.A No. 100054 of 2021

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any reason, the said vehicle has been ordered to be confiscated to the State in the impugned judgment. The appellant being the RC owner of the said vehicle is entitled for release of the said vehicle to his custody.

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This appellant has been examined as PW.5 wherein he has deposed that he is the owner of Mahindra Bolero pickup goods vehicle bearing registration No.KA49/3381. He further deposed that when CW.1 was driving the said vehicle carrying cattle meat and on the transit, the accused persons alleged to have pelted stones on it and set fire to the said vehicle. The Trial Court records reveal that the appellant/PW.5 has filed an application under Section 451 of Cr.P.C seeking release of Mahindra Bolero vehicle bearing registration No.KA-49/3381 to his interim custody and the said application came to be allowed with conditions by an order dated 06.02.2017. It appears that this appellant has not got release the said vehicle to his interim custody by fulfilling the conditions and it remained in the Court custody. There is no

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5 - NC: 2023:KHC-D:13012 CRL.A No. 100054 of 2021

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allegation of the vehicle being used for commission of the offence by the accused persons. Learned counsel for the appellant has made available the extract of RC which indicates that the vehicle bearing registration No.KA49/3381 is in the name of appellant. Even the said vehicle is ordered to be released to the interim custody of this appellant. The learned Sessions Judge without considering these aspects erred in confiscating the said vehicle to the State. Even though, the appellant has challenged the order making interim release of MO-1 and 2 as absolute but, learned counsel has stated that the appellant is no way concerned to the MO.1 and 2. In view of the above, the following;

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ORDER

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The appeal is allowed in part.

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The order passed by learned Sessions Judge confiscating the Mahindra Bolero vehicle bearing

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registration No.KA-49/3381 to the State is set-aside. The

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NC: 2023:KHC-D:13012 CRL.A No. 100054 of 2021

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Mahindra Bolero vehicle bearing registration No.KA49/3381 is ordered to be released to the custody of

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appellant.

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Sd/JUDGE

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AM/CT:BCK List No.: 1 Sl No.: 42

Hussen S/O Appasahab Mulla v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Hussen S/O Appasahab Mulla v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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