Allowed

Vittal S/O Dondiba Vaikunte v. the State of Kanrnataka

Karnataka HC5 Jan 2024CRL.RP/100073/2020

Case brief

AI extract

What is this about?

In this criminal revision, the High Court of Karnataka considered the rejection of an application for interim custody of a seized motorcycle. The Court set aside the inferior court's order, directing the release of the vehicle to the petitioner subject to conditions.

What did the court decide?

The order rejecting interim custody was set aside and the motorcycle KA25/EW-6507 was directed to be released to the petitioner subject to conditions.

Vittal S/O Dondiba Vaikunte Vs the… — Constitutional and Fundamental Rights | Karnataka HC (2024)

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NC: 2024:KHC-D:240 CRL.RP No. 100073 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100073 OF 2020

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BETWEEN:

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VITTAL S/O. DONDIBA VAIKUNTE, AGE: 37 YEARS, OCC. BUSINESS, R/O. HORAVALAYA, BAGAVANDRA ONI, GAMANAGATTI ROAD, NAVANAGAR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580001.

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…PETITIONER

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(BY SRI BASAVARAJ N. PATIL, ADVOCATE FOR SRI B. C. JNANAYYASWAMI)

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AND:

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THE STATE OF KANRNATAKA REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH DHARWAD RURAL PS.

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Digitally signed by VIJAYALAXMI VIJAYALAXMI M BHAT M BHAT Date: 2024.01.08 17:10:08 +0530

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…RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W SECTION 401 OF THE CR.P.C., SEEKING TO CALL FOR THE RECORDS, PERUSE THE SAME AND SET ASIDE THE ORDER OF REJECTION PASSED IN CRIME NO.187/2018 DATED 21/08/2018 PASSED BY THE LEARNED IV ADDL. SENIOR CIVIL JUDGE AND JMFC, DHARWAD AND ORDER DATED 08.08.2019 PASSED BY THE PRL. SESSIONS JUDGE, DHARWAD IN CRL.A.NO.26/2019, AND KINDLY BE RELEASE THE VEHICLE TO THE PETITIONER.

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

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NC: 2024:KHC-D:240 CRL.RP No. 100073 of 2020

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ORDER

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This revision petition under Section 397 r/w 401 of Cr.P.C., is filed assailing the order dated 21.08.2018 passed by the Court of IV Additional Senior Civil Judge and JMFC, Dharwad on the application filed under Section 451 r/w 457 of Cr.P.C. in Crime no.187/2018 and the judgment and order dated 08.08.2019 passed in Crl.A.No.26/2019 by the Court of Principal Sessions Judge, Dharwad.

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Heard the learned counsel for the parties.

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The petitioner who is the registered owner of

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the motorcycle bearing registration No.KA25/EW-6507 had filed an application under Section 451 r/w 457 of Cr.P.C. in Crime no.187/2018 before the the Court of IV Additional Senior Civil Judge and JMFC, Dharwad which was registered by Dharwad Rural Police Station for the offence punishable under Section 87 of the Karnataka Police Act. Along with the application, petitioner had produced the necessary documents to prove his title over the

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3 - NC: 2024:KHC-D:240 CRL.RP No. 100073 of 2020

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motorcycle of which he had sought interim custody pending disposal of the case. The said application was opposed by the prosecution. The learned Magistrate by order dated 21.08.2018 had dismissed the said application filed by the petitioner and same was confirmed in appeal by the learned Sessions Judge. It is in this back ground, the petitioner is before this Court.

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The learned counsel for the petitioner submits that the Courts below have erred in rejecting the application inspite of holding that the petitioner is the registered owner of the vehicle.

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Per contra, the learned HCGP submits that by imposing suitable conditions vehicle may be released.

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Undisputedly, there is no other claim by anybody else in respect of the vehicle of which interim custody was sought for by the petitioner pending disposal of the criminal case before the trial Court. The vehicle in question was seized by the Investigation Officer during the course of the investigation and produced before the Court. The petitioner has produced the original RC, Voter ID to

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4 - NC: 2024:KHC-D:240 CRL.RP No. 100073 of 2020

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prove his identification and has produced the insurance policy copy of the said vehicle. The trial Court after appreciating the same has observed that the petitioner is the registered owner of the vehicle in question. In spite of that, without assigning any proper reason, the trial Court has rejected the application filed by the petitioner seeking interim custody of the petitioner.

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Even the Appellate Court has failed to appreciate this aspect of the matter and consequently, rejected the application filed by the petitioner challenging the order passed by the trial Court. It is trite that except under exceptional circumstances the vehicles seized during the course of investigation is required to be released to the interim custody of its registered owners subject to conditions, otherwise the vehicles are likely to get deteriorated and rendered useless as a result of exposure to sun and rain.

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5 - NC: 2024:KHC-D:240 CRL.RP No. 100073 of 2020

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Under these circumstances, I am of the opinion

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that petition deserved to be allowed. Accordingly, the following:

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ORDER

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Revision petition is allowed. Consequently, the order dated 21.08.2018 passed by the Court of IV Additional Senior Civil Judge and JMFC, Dharwad on application filed under Section 451 r/w 457 of Cr.P.C. in Crime no.187/2018 and Confirmed in Crl.A.No.26/2019 by the judgment and order dated 08.08.2019 on the Court of Principal Sessions Judge, Dharwad judgment are set aside.

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The motorcycle bearing registration No.KA25/EW6507 is directed to be released to the interim custody of the petitioner subject to following conditions:-

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i) The petitioner shall execute an indemnity bond before the trial Court undertaking to produce the motorcycle as and when required before the trial Court.

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6 - NC: 2024:KHC-D:240 CRL.RP No. 100073 of 2020

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ii) The petitioner shall not create any third party interest on the motorcycle nor shall change the colour or identity of the vehicle.

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iii) The petitioner shall not use the vehicle for any illicit or illegal purpose.

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Sd/JUDGE

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VMB List No.: 1 Sl No.: 24

Vittal S/O Dondiba Vaikunte v. the State of Kanrnataka

Case brief

What is this about?

What did the court decide?

Vittal S/O Dondiba Vaikunte v. the State of Kanrnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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