- 1 - HC-KAR NC: 2025:KHC:39401 CRL.P No. 11195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11195 OF 2025 BETWEEN: SRI N VIDYUTH SHETTY S/O JAYARAJ SHETTY, AGED ABOUT 42 YEARS, R/AT FLAT NO.4/2/222 (1), ESHWARI, BHARATHI NAGAR, CROSS ROAD, BEJAI, MANGALURU - 570 001 …PETITIONER (BY SRI. HALEEMA AMEEN.,ADVOCATE) AND: STATE BY MANGALURU EAST POLICE STATION, MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ORDER DATED 23.06.2025 BY RELAXING THE CONDITION NO.8 IMPOSED BY IN CRL.RP NO.103/2025 TRIAL COURT WHILE RELEASING THE VEHICLE IN FAVOR OF THE PETITIONER AND TO ACCEPT THE B EXTRACT OF RC Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39401 CRL.P No. 11195 of 2025 PRODUCED BY THE PETITIONERS, IN CR.NO.48/2025 AT II ADDL.DIST AND SESSIONS JUDGE D.K, MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner, who asserts that he is the registered owner (RC owner) of the vehicle in question, is aggrieved by the conditions imposed by the revisional court while directing release of the vehicle. The revisional court, while allowing release in favour of the petitioner, had made it conditional upon the petitioner furnishing either the original Registration Certificate (RC) book or a copy thereof. It is this condition which is under challenge before this Court. 2. Learned counsel for the petitioner contends that the said condition is impracticable in the peculiar facts of the present case. It is submitted that the petitioner has already instituted a civil suit in O.S. No.114/2020 against the partner’s friend, wherein the relief sought is for possession of the very same vehicle. In the said proceedings, the petitioner has produced the original documents, including the RC book, before - 3 - HC-KAR NC: 2025:KHC:39401 CRL.P No. 11195 of 2025 the civil court. Since the original RC book forms part of the record in the pending civil suit, the petitioner is not in a position to furnish the same in the criminal proceedings. Learned counsel submits that despite this limitation, the petitioner is willing to establish his lawful ownership and possession by producing a certified B-extract issued by the jurisdictional Regional Transport Office (RTO). Such B-extract, it is submitted, would serve as sufficient prima facie proof that the petitioner continues to be the RC owner of the vehicle, and therefore, the condition imposed by the revisional court requires modification. 3. Taking note of the submissions made, this Court is of the view that the grievance of the petitioner is well founded. Once it is admitted that the original RC book is already produced and is part of the record in O.S. No.114/2020, the petitioner cannot be expected to simultaneously furnish the same before the criminal court. The insistence on furnishing the original RC book, in such circumstances, would operate harshly and frustrate the order of release already granted. The alternative suggested by the petitioner, namely production of a - 4 - HC-KAR NC: 2025:KHC:39401 CRL.P No. 11195 of 2025 certified B-extract issued by the RTO, would adequately meet the requirement of establishing ownership, subject to verification by the trial court. 4. It is further observed that vehicles, if kept in static condition for prolonged periods of time, are susceptible to deterioration in their roadworthiness and market value. It is therefore imperative that release of the vehicle is not unnecessarily delayed on account of an impractical condition. In order to balance the interests of both sides and ensure authenticity of ownership, this Court is of the considered view that the condition imposed by the revisional court deserves to be suitably modified. 5. For the foregoing reasons, the following order is passed: ORDER i. The criminal petition is allowed. ii. The condition imposed by the revisional court, requiring production of the original RC book, is hereby modified. - 5 - HC-KAR NC: 2025:KHC:39401 CRL.P No. 11195 of 2025 iii. The trial court shall release the vehicle in favour of the petitioner on the petitioner producing a certified B-extract issued by the jurisdictional RTO, along with an affidavit/declaration stating that the original RC book has been produced in O.S. No.114/2020 and is therefore not available for submission in the present proceedings. iv. On such production, the trial court shall verify the genuineness of the B-extract and forthwith release the vehicle, bearing in mind that unnecessary delay in release would adversely affect the condition and value of the vehicle. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 9