Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:54827 CRL.P No. 17489 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 17489 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
DALIWAL HARNEKSINGH S/O AMARSINGH AGED ABOUT 58 YEARS R/AT NO.157, PART 2, MANIBHAI PARK, AJWA ROAD, SAYAJIPURA VADODARA, GUJARAT - 390 019.
REPRESENTED BY ITS SPECIAL POWER OF ATTORNEY DHALIWAL GURPREETSINGH S/O HARNEKSINGH AGED ABOUT 33 YEARS, R/AT NO.157, PART 2 MANIBHAI PARK, AJWA ROAD, SAYAJIPURA VADODARA GUJARAT - 390 019. …PETITIONER (BY SRI. SYED KHALEEL PASHA, ADVOCATE) AND:
THE STATE OF KARNATAKA KG HALLI TRAFFIC POLICE STATION BENGALURU, REP. BY PUBLIC PROSECUTOR. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP)
Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:54827 CRL.P No. 17489 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO
1. SET ASIDE THE
ORDER IN CRL.MISC.NO.25748/2025 DATED 06.12.2025 PASSED BY THE HONBLE XXVI ADDL.CITY CIVIL AND SESSION JUDGE MAYO HALL BENGALURU IN S.C.NO.1105/2025 OF K.G.HALLI TRAFFIC P.S. BENGALURU OUT OF CR.NO.26/2025 P/U/S 105, 281 OF BNS ACT 2023 AND SEC 134(a AND b), 187 OF IMV ACT 1988, PENDING ON THE FILE OF HONBLE XXVI ADDL.CITY CIVIL AND SESSIONS JUDGE MAYO HALL BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER Heard learned counsel appearing for the petitioner and
learned counsel appearing for the respondent-State.
2. This petition is filed assailing the correctness of the
order dated 06.12.2025 passed in Criminal Miscellaneous No.25748/2025 on the file of the XXVI Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru in SC.No.1105/2025 for the offences punishable under Sections 105, 281 of Bhartiya Nyaya Sanhita Act, 2023 (for short 'the BNS Act') and under Section 134 (a and b) r/w Section 187 of the Motor Vehicles Act, 1988 (for short 'the MV Act').
3. The petitioner claims to be the owner of the vehicle bearing registration No.GJ-06-AU-6412. The FIR is registered
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HC-KAR NC: 2025:KHC:54827 CRL.P No. 17489 of 2025
against the driver of the said vehicle for the offences under Sections 105, 281 of the BNS Act and under Sections 134 (a and b), 187 of the MV Act.
4. The petitioner, who claims to be owner of the said vehicle has moved the application for release of the vehicle on the premise that the vehicle is required for his use. The petitioner has undertaken to abide by the terms and conditions for release of the vehicle. However, the application is rejected on the ground that the petitioner has not produced the documents relating to the registration of vehicle.
5. Learned counsel for the petitioner has filed a memo along with the registration certificate of the vehicle involved in the alleged incident.
6. Learned High Court Government Pleader would submit that the application was rejected on the premise that the document was not produced.
7. The Court has perused the document produced along with the memo.
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HC-KAR NC: 2025:KHC:54827 CRL.P No. 17489 of 2025
8. The vehicle bearing registration No.GJ-06-AU-6412 stands in the name of the petitioner. The said vehicle is also referred to in the charge sheet.
9. Considering the nature of the offences, this Court is of the considered view that the petitioner has made out a case for release of the vehicle subject to the following conditions.
10. Hence, the following:
ORDER i) The petition is allowed. ii) The vehicle bearing registration No.GJ-06-AU-6412 be released in favour of the petitioner. iii) The petitioner shall not alter the colour and any other features of the vehicle. iv) The petitioner shall not transfer the vehicle, till the disposal of the proceedings before the Trial Court.
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HC-KAR NC: 2025:KHC:54827 CRL.P No. 17489 of 2025
v) The petitioner shall also execute an indemnity bond for a sum of Rs.9,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. vi) The petitioner shall make the vehicle available for inspection during the trial, if required.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
PHM List No.: 1 Sl No.: 8