Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48542 WP No. 34992 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 34992 OF 2025 (GM-RES) BETWEEN:
SRI. RAMESH K.N, SON OF NAGARAJ AGE ABOUT 46 YEARS R/A NO. 19, 5TH CROSS AVALAHALLI NEW EXTENSION GOVERNMENT ELECTRIC FACTORY BENGALURU - 560 026. &PETITIONER (BY SRI. P.M.SIDDAMALLAPPA, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, M.S. BUILDING BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER BANGALOE URBAN DISTRICT DEPUTY COMMISSIONER OFFICE BUILDING K.G. ROAD, BANGALORE - 560 009. &RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 ENDORSEMENT DATED 18.11.2025 IN G.A(N)/A.AVKA/29/2025-26 AS PER ANNX-C.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48542 WP No. 34992 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.
2. The petitioner is before this Court seeking for the following reliefs: (a) ISSUE a Writ of certiorari quashing the order passed by the 2nd respondent Endorsement dated: 18.11.2025 in G.A(N)/A. 6/29/2025-26, as per ANNEXURE-C.
(b) ISSUE any other appropriate Writ, Order of Direction as this Hon'ble Court deems fit to grant under the
facts and circumstances of the case, to meet the ends of justice and equity.
3. The petitioner is the RC owner of the eight vehicles which were seized for the alleged offences under Sections 3 and 7 of the Essential Commodity Act, 1955, Sections 4 and 7 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 2000 and Sections 287, 318(2) of the Bharatiya Nyaya Sanhita, 2023.
4. The petitioner having filed an application under Sections 497 and 503 of the Bharatiya Nagarika Suraksha Sanhita,
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HC-KAR NC: 2025:KHC:48542 WP No. 34992 of 2025
2023. The application, though came to be allowed, a condition had been imposed on the petitioner to provide a bank guarantee for such release. It is challenging the same, the petitioner is before this Court.
5. A submission of learned counsel for the petitioner is that the petitioner is willing to provide security of immovable property for the like amount as demanded by way of bank guarantee by depositing original title deeds relating to the immovable property of the petitioner and has also undertaken to execute personal indemnity bonds in respect to each of the vehicles.
6. In that view of the matter, considering that security by way of immovable property would stand on the same footing as a bank guarantee. Hence, I pass the following:
ORDER i) The petition is allowed. ii) A certiorari is issued. The order dated 18.11.2025 in G.A(N)/A.CªÁPÀ/29/2025-26 at Annexure-C is modified.
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HC-KAR NC: 2025:KHC:48542 WP No. 34992 of 2025
iii) The petitioner, instead of bank guarantee, is permitted to provide immovable property belonging to him as security for release of the vehicles. iv) The petitioner shall furnish the original documents and valuation report pertaining to properties for
consideration of respondent No.2. v) A personal indemnity to also be executed by the petitioner in favour of respondent No.2. vi) Once the above conditions are satisfied, respondent No.2 is directed to release the vehicles by imposing such condition as may be necessary.
Sd/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 34