Allowed

Sakamma v. the State by Channagiri Police

Karnataka HC17 Apr 2023CRL.P/146/2019

Case brief

AI extract

What is this about?

In a criminal petition filed under Section 482 CrPC, the High Court of Karnataka modified an order imposing a bank guarantee condition for releasing a seized tractor. Finding the monetary guarantee onerous relative to the petitioner's position, the court directed release upon furnishing immovable property instead.

What did the court decide?

The order directing the petitioner to furnish a renewable bank guarantee of ₹8,00,000 is modified. The petitioner is directed to furnish immovable property as security for the release of the vehicle.

Sakamma Vs the State by Channagiri Police — Property and Title | Karnataka HC (2023)

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CRL.P No. 146 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO.146 OF 2019

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BETWEEN:

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SAKAMMA W/O THIMMAIAH AGED ABOUT 41 YEARS HOMEMAKER AND AGRICULTURIST R/AT KENGUNTE VILLAGE HOLALKERE TALUK CHITRADURGA DISTRICT - 577 526

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…PETITIONER

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(BY SRI. SAMEER S N, ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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THE STATE BY CHANNAGIRI POLICE REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 01.

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…RESPONDENT

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(BY SRI.KRISHNA KUMAR K.K, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO PASS AN ORDER MODIFYING THE ORDER PASSED BY THE PRINCIPAL

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CRL.P No. 146 of 2019

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DISTRICT AND SESSIONS JUDGE, DAVANAGERE IN CRL.RP.NO.47/2018 DATED 29.09.2018 SO FAR AS IT RELATES TO IMPOSING THE CONDITION FOR RELEASE OF THE VEHICLE SEIZED TRACTOR AND TRAILER BEARING REG.NO.KA-16-TB-4137/4138 FOR THE INTERIM CUSTODY OF THE PETITIONER ON HER EXECUTING RENEWABLE BANK GUARENTEE FOR A SUM OF RS.8,00,000/- (RUPEES EIGHT LAKHS) AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner being the wife of the registered owner of Tractor and Trailer bearing Reg.No.KA-16/TB4137/4138, which was the subject matter of the Crime No.207/2018 in the file of Additional Civil Judge and JMFC, Channagiri (Henceforth to be referred as Trial Court) for the offence punishable under Section 379 of IPC, sought its release on the ground that the registered owner Sri.Thimmappa died on 13.02.2017 and that she is entitled to seek release of the vehicle. The said application was rejected by the Trial Court in terms of the order dated 06.06.2018. The petitioner filed Criminal Revision Petition

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3 - CRL.P No. 146 of 2019

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No.47/2018 before the Principal District and Sessions Judge, Davanagere (in short Sessions Court), which allowed the petition and ordered release of the vehicle subject to conditions, one of which was that the petitioner should furnish a "renewable bank guarantee" for Rs.8,00,000/- (Eight Lakhs Rupees Only).

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Being aggrieved by the condition imposed on

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the petitioner and terming it is onerous, the present petition is filed.

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Learned counsel for the petitioner submits that the Revisional Court ought not to have directed the petitioner to furnish Bank Guarantee, but must have directed the petitioner to furnish immovable property as security. The learned counsel submits that the petitioner is not in a position to furnish a Bank Guarantee for a sum of Rs.8,00,000/- (Eight Lakhs Rupees Only) and therefore, prays that the petition be allowed and the condition imposed by the Sessions Court be set-aside.

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CRL.P No. 146 of 2019

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On the other hand, the learned High Court Government Pleader submitted that the offence committed is under Section 379 of IPC and therefore, the vehicle needs to be preserved and therefore, the condition imposed by the Sessions Court is just and proper.

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The contention of the petitioner that her husband was the registered owner of the vehicle in question is not seriously disputed. It is also not in dispute that the registered owner died on 13.02.2017. Having regard to the fact that the value of the Tractor and Trailor is assessed at Rs.8,00,000/- (Eight Lakhs Rupees Only), the condition imposed by the Sessions Court in Criminal Revision Petition No.47/2018 directing petitioner to furnish a renewable bank guarantee for a sum of Rs.8,00,000/(Eight Lakhs Rupees Only) is definitely onerous. This Court considers it appropriate to modify the said condition and direct the petitioner to furnish immovable property as a surety to the satisfaction of the Trial Court.

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5 - CRL.P No. 146 of 2019

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In that view of the matter, the petition is allowed. The condition requiring petitioner to furnishing a renewable bank guarantee of Rs.8,00,000/- as per the order dated 29.09.2018 passed by the Principal District and Sessions Judge, Davanagere in Criminal Revision Petition No.47/2018 is modified and the petitioner is directed to furnish the immovable property as security instead of renewable bank guarantee for a sum of Rs.8,00,000/- (Eight Lakhs Rupees Only) towards release of the vehicle in question. The other conditions imposed by the Sessions Court in Criminal Revision Petition No.47/2018 shall be complied by petitioner.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 31

Sakamma v. the State by Channagiri Police

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Sakamma v. the State by Channagiri Police

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