- 1 - NC: 2025:KHC:2919 CRL.P No. 4188 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4188 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: NANDAKUMAR S., S/O LATE SHIVASHANKAR, AGED ABOUT 24 YEARS, R/AT NO.53, KANAKAPURA MAIN ROAD, NEAR GOVERNMENT SCHOOL, AGARA, BENGALURU SOUTH TALUK, BENGALURU-560062 …PETITIONER (BY SRI. RAM SINGH K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE ASSISTANT RANGE FOREST OFFICER, FOREST MOBILE SQUAD, BENGALURU, REP. BY SPP., HIGH COURT OF KARNATAKA, BENGALURU-560001 2. P.T. LAKSHMINARAYANA RANGE FOREST OFFICER, FOREST MOBILE SQUAD, BENGALURU-560015 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2919 CRL.P No. 4188 of 2024 ENTIRE PROCEEDINGS IN C.C.NO.1371/2023 (FOC.NO.47/2022-23) REGISTERED BY THE RESPONDENT RANGE FOREST OFFICER, FOREST MOBILE SQUAD, BENGALURU REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 24,(c)(ii)(d)(e)(j) READ WITH 50, 62, 71(A), 80, 84, 86, 87 OF KARNATAKA FOREST ACT AND KARNATAKA FOREST RULES AND SECTION 144 READ WITH SECTION 165 OF KARNATAKA FOREST RULES AND RELEASE THE VEHICLE i.e SWIFT CAR BEARING REG.NO.KA-05-NE-9875 PENDING ON THE FILE OF THE LEARNED AUTHORIZED OFFICER AND DEPUTY CONSERVATOR OF FOREST, FOREST MOBILE SQUAD, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks for the following reliefs: "WHEREFORE, it is prayed that this Honourable Court be pleased quash the entire proceedings in C.C.No.1371/2023 (FOC No.47/2022-23) registered by the Respondent Range Forest Officer, Forest Mobile Squad, Bengaluru, registered for alleged offence punishable under Sections 24(c)(ii)(d)(e)(j) read with 50, 62, 71(A), 80, 84, 86, 87 of Karnataka - 3 - NC: 2025:KHC:2919 CRL.P No. 4188 of 2024 Forest Act and Karnataka Forest Rules and Section 144 read with Section 165 of Karnataka Forest Rules and release the vehicle i.e. Swift Car bearing Reg. No.KA-05-NE-9875 pending on the file of the learned Authorised officer and Deputy Conservator of Forest, Forest Mobile Squad, Bengaluru and grant such other relief or reliefs as this Honorable Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity." 2. Learned counsel for the petitioner submits that he would restrict the prayer in the petition only for release of the vehicle i.e., swift car bearing registration No.KA-05-NE-9875. Since the request of the petitioner for release of the said vehicle was rejected by the respondent No.2, vide order dated 21.06.2023 which is assailed in the present petition. Further, learned counsel for the petitioner submits that the petitioner is ready to abide by the terms and conditions to be imposed by this Court for the purpose of securing release of the vehicle and necessary safe guards may be imposed upon the petitioner as held by the Hon’ble Apex Court in the case of Sunderbhai Ambalal - 4 - NC: 2025:KHC:2919 CRL.P No. 4188 of 2024 Desai & Ors. Vs. State of Gujarat1. It is therefore submitted that the petition may be allowed. 2. Per contra, learned High Court Government Pleader would oppose the submission of learned counsel for the petitioner and submits that the same is liable to be dismissed. 3. A perusal of the aforesaid order dated 21.06.2023 passed by the 2nd respondent would indicate that neither valid nor sufficient reasons have been assigned by the respondent No.2 while considering the request of the petitioner for release of the vehicle. At any rate, mere release of the vehicle in favour of the petitioner during the pendency of the criminal proceedings cannot be said to have an impact of bearing on the said proceedings, if certain conditions are imposed on the petitioner for the purpose of release of the vehicle. 4. Therefore, I deem it just and appropriate to allow the petition by directing release of the vehicle by imposing certain conditions. 5. In the result, I pass the following: 1 AIR 2003 SC 638 - 5 - NC: 2025:KHC:2919 CRL.P No. 4188 of 2024 ORDER (i) The petition is hereby disposed of. (ii) Respondents are directed to release the vehicle bearing registration No.KA-05-NE-9875 in favour of the petitioner forthwith without any delay, subject to the following conditions: (a) That the petitioner shall execute an indemnity bond for a sum of Rupees Two Lakhs only (Rs.2,00,000/-) and furnish one surety for the likesum. (b) That the petitioner shall not alienate, encumber or create third party rights over the subject vehicle for a period of three months from today. (c) That the petitioner shall produce the subject vehicle as and when called for by the Sessions court during the trial. (d) That the petitioner shall not alter, change or modify any part of the subject vehicle including chassis, engine number, colour of the vehicle, etc., in any manner whatsoever. - 6 - NC: 2025:KHC:2919 CRL.P No. 4188 of 2024 (e) It is further directed that before release of the subject vehicle in favour of the petitioner, respondents shall take necessary photographs and videographs of the vehicle from all angles for the purpose of future use. (f) Respondents shall prepare the panchanama of the vehicle prior to its release. Sd/- (S.R.KRISHNA KUMAR) JUDGE HJ List No.: 1 Sl No.: 26