Smt Hamsaveni v. State of Karnataka
Case brief
What is this about?
Interim custody / release of seized vehicle to owner who is not an accused; Sections 451 and 457 Cr.P.C. release conditions; Section 482 Cr.P.C. petition; interim stay of FIR in connected writ petition (W.P.No.4279/2024) not a bar to vehicle release; High Court of Karnataka; Kunigal; Mahindra Scorpio VLX KA-05-MF-8355; Cr.No.9/2024; PF No.13/2024; indemnity bond Rs. 2,00,000; NC: 2025:KHC:1067.
What did the court decide?
Petition allowed; respondent directed to release the vehicle bearing registration No.KA-05-MF-8355 (Mahindra Scorpio VLX, PF No.13/2024) to the petitioner forthwith, subject to conditions: (a) execution of an indemnity bond of Rs. 2,00,000 with one surety for the likesum; (b) no alienation, encumbrance or creation of third-party rights over the vehicle for three months; (c) production of the vehicle as and when called for by the Trial Court during trial; (d) no alteration, change or modification of any part including chassis, engine number or colour; (e) respondent to take photographs and videographs of the vehicle from all angles before release; (f) panchanama of the vehicle to be prepared prior to release.