Sunil Raj v. State of Karnataka
Interim custody of seized vehicle – Condition of bank guarantee
Case brief
What is this about?
Writ Petition (GM-RES) No. 28587 of 2025, High Court of Karnataka, decided 19.11.2025 by Mohammad Nawaz J. Interim custody/release of seized crane KA-42-M-4952 involved in Karnataka Forest Act case FOC.No.5/2025-26 (RFO, Kundapur Range); challenge to bank guarantee condition (equal to vehicle value) imposed by Additional District and Sessions Judge, Udupi in Crl.RP.No.508/2025 and to Magistrate's rejection under S.503 BNSS 2023; petition under Article 226 Constitution r/w S.528 BNSS 2023; vehicle valued Rs.2,94,500/- per insurance policy; release ordered on bank guarantee Rs.1,50,000/- and indemnity bond Rs.3,00,000/-; rationale that idle seizure deteriorates the vehicle; petition disposed of.
What did the court decide?
Petition disposed of: the Sessions Court's order dated 19.06.2025 in Crl.RP.No.508/2025 is modified; the Trial Court is directed to release Crane No.KA-42-M-4952 to the petitioner upon confirmation of ownership, subject to a bank guarantee of Rs.1,50,000/- and an indemnity bond of Rs.3,00,000/-.