Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 17282 (KAR)

M/S SLV ENTERPRISES v. THE STATE OF KARNATAKA

WP/4431/2025 · 2025-02-21

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7843 WP No. 4431 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4431 OF 2025 (GM-POLICE) BETWEEN: M/S SLV ENTERPRISES 17, RAYARA ANUGRAHA, ACHIT NAGAR POST, HESARAGHATTA ROAD, ACHARYA INSTITUTE OF TECHNOLOGY, THAMMENAHALLI, BANGALORE 560107 REPRESENTED BY ITS PARTNERS SRI. M. MURALI SRINIVAS S/O M. VENKATA KRISHNA RAO AGED ABOUT 52 YEARS. PROPRITERSHIP CONCERN …PETITIONER (BY SRI. M.B. CHANDRACHOODA A/W SRI. NAGAMANJU K.S., ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BANGALORE- 560 001. 2. THE SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7843 WP No. 4431 of 2025 RAMANAGARA-562159. 3. THE DEPUTY SUPERINTENDENT OF POLICE, RAMANAGARA RURAL POLICE, RAMANAGARA-562159. 4. THE STATION HOUSE OFFICER, RAMANAGARA RURAL POLICE STATION, NEAR PWD CIRCLE, B.M. ROAD, RAMANAGARA-562159 …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT, TO THE RESPONDENTS TO RELEASE OF RENTED VEHICLE BEARING NO. KA 02 AC 1093 (CANTER MODEL), WHICH IS ILLEGAL DETENTION IN CONNECTION WITH NON RELATED CRIME NO. 258/2024 BY THE R4, IN SPITE OF GIVING REPRESENTATION TO SHO AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER On the previous date of hearing, the following order was passed: “Learned AGA is directed to take notice for the respondents. - 3 - NC: 2025:KHC:7843 WP No. 4431 of 2025 Learned counsel for the petitioner is directed to serve copies of the writ petition along with annexures on the learned AGA. Learned counsel for the petitioner submits that the 4th respondent – Station House Officer of Ramanagar Rural Police Station has seized vehicle bearing No.KA-02-AC- 1093 (Canter model), which was rented out by the petitioner for irrigation purposes, without any reason. When enquired it was informed to the petitioner that the vehicle is involved in a road traffic accident under FIR bearing Crime No.258/2024 dated 07.12.2024. However, it is pointed out from the FIR that the vehicle number is not found in the FIR. Further, when a representation at Annexure-A dated 10.02.2025 is given to the Superintendent of Police, Ramanagara, regarding the action taken by the 4th respondent and seeking necessary directions to release the vehicle, no action has been taken by the 2nd respondent - Superintendent of Police. It is submitted that the vehicle is not produced before the jurisdictional Magistrate along with PF report. - 4 - NC: 2025:KHC:7843 WP No. 4431 of 2025 Learned AGA is directed to secure instructions from the 2nd and 4th respondents and make submissions by the next date of hearing. Re-list this matter for preliminary hearing on 21.02.2025.” 2. Learned Additional Government Advocate has today furnished records at the hands of the 4th respondent Ramanagara Rural Police, stating that although it is true that the vehicle canter bearing No.KA-02-AC-1093 was seized by the 4th respondent for investigation, nevertheless, the same was released on 05.02.2025 long before the interim order was passed by this Court. It is also submitted that the vehicle does not belong to the petitioner and the petitioner cannot raise such contentions, as if he is the owner of the vehicle. 3. It is also submitted on instructions that it appears that the vehicle belongs to one Sri B.H.Gowda, S/o Hanumaiah, from whom the petitioner had taken the vehicle for some works. Learned Additional Government - 5 - NC: 2025:KHC:7843 WP No. 4431 of 2025 Advocate submits that if vehicle is required for investigation, intimation will be given to the owner of the vehicle and thereafter action will be taken in accordance with law. 4. Placing the submission of the learned Additional Government Advocate on record, since the vehicle has been released and the petitioner also does not dispute that the vehicle has been released, the writ petition stands disposed of. However, it is made clear that the 4th respondent shall not harass the petitioner or take away the vehicle from his premises without due process of law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL