- 1 - HC-KAR NC: 2025:KHC:24291 CRL.P No. 9026 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9026 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI.PRADEEP M., S/O LATE MARIGOWDA, AGED ABOUT 34 YEARS, RESIDING AT MUNGADAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DIST. …PETITIONER (BY SRI. H. V. SUBRAMANYA, ADVOCATE) AND: THE STATE OF KARNATAKA, BY CHANNAPATNA RURAL POLICE STATION, CHANNAPATNA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 1. …RESPONDENT (BY SRI. B. N. JAGADEESHA, ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CONDITION NO.1 IMPOSED ON THE PETITIONER VIDE ORDER DATED 02.05.2025 IN CRIME NO.61/2025 OF CHANNAPATNA RURAL POLICE ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT CHANNAPATNA THEREBY ORDER TO RELEASE THE VEHICLE/AUTO BEARING REGN NO. KA-02-AF-7475 IN FAVOUR OF THE INTERIM CUSTODY OF THE PETITIONER BY ACCEPTING SURETY IN LIEU OF BANK GUARANTEE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24291 CRL.P No. 9026 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “Wherefore, the petitioner above named most humbly prays that this Hon’ble Court be pleased to quash the condition No.1 imposed on the petitioner vide order dated 02.05.2025 in Crime No.61/2025 of Channapatna Rural Police on the file of the Principal Civil Judge and JMFC at Channapatna, thereby order to release the vehicle/Auto bearing Regn.No.KA-02-AF-7475 in favour of the interim custody of the petitioner by accepting surety in lieu of Bank Guarantee for the reasons stated above, in the ends of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner herein filed an application under Section 503 BNSS (Sections 451 and 457 of Cr.P.C) seeking release of Bajaj Passenger Auto 3 W Pass bearing Registration No.KA-02-AF-7475. By the impugned order dated 02.05.2025 - 3 - HC-KAR NC: 2025:KHC:24291 CRL.P No. 9026 of 2025 passed in C.R.No.61/2025, the Trial Court allowed the matter by imposing the following conditions: • The claimant shall execute Bank Guarantee for a sum of Rs.5,00,000/-. • The claimant shall not change the colour and nature of the said vehicle. • The claimant shall produce the same before the Court whenever called. • The claimant shall not alienate the said vehicle without permission of the Court till disposal of this case. • The S.H.O shall draw the Mahazar in this regard in the presence of two witnesses and in turn the I.O is directed to produce the Mahazar, photographs and compact disc before the Court. 4. The limited grievance of the petitioner in the present petition is that having regard to the fact that the petitioner does not have means or resources to furnish Bank Guarantee due to his financial condition, Condition No.1 of the impugned order calling upon the petitioner to furnish the Bank Guarantee of Rs.5,00,000/- - 4 - HC-KAR NC: 2025:KHC:24291 CRL.P No. 9026 of 2025 may be relaxed and instead, petitioner may be directed to execute indemnity bond since the value of the vehicle is only Rs.1,00,000/-. 5. In view of the aforesaid facts and circumstances of the case, having regard to the fact that the financial condition of the petitioner coupled with the fact that the value of the vehicle directed to be released is only around Rs.1,00,000/-, I deem it just and appropriate to substitute condition No.1 by directing the petitioner to execute indemnity bond instead of furnishing Bank Guarantee and issue further directions in this regard. 6. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order insofar as the petitioner to furnish Bank Guarantee in a sum of Rs.5,00,000/- is concerned, is hereby set aside and instead the petitioner is directed to execute indemnity bond in a sum of Rs.1,00,000/- in favour of the respondent at the time of obtaining release of the vehicle. - 5 - HC-KAR NC: 2025:KHC:24291 CRL.P No. 9026 of 2025 iii) Remaining conditions imposed in the impugned order dated 02.05.2025 passed in C.R.No.61/2025 on the file of Principal Civil Judge and JMFC, Channapattana, shall remain in tact. iv) Immediately upon the petitioner executing indemnity bond in a sum of Rs.1,00,000/-, the respondent shall release the subject vehicle in favour of the petitioner forthwith without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 17