- 1 - NC: 2025:KHC-D:1518 CRL.P No. 102386 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102386 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. BABU SHIVAJI BHORDE REPRESENTED BY GPA HOLDER, MR. FAIYAZ BASHIR PATHAN, R/O. S.NO.35/1, SOMNATH NAGAR, H.NO.131, WADGAON SHERI DUKIRILINE, DIST. PUNE, STATE. MAHARASHTRA. …PETITIONER (BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE) AND: THE STATE OF KARNATAKA BY SANKESHWAR POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, RELAX/MODIFY THE CONDITION NO.1 OF THE IMPUGNED ORDER DATED 20.10.2023 SO FAR AS IT RELATES TO THE DIRECTION TO THE PETITIONER TO FURNISH BANK GUARANTEE (FOR A PERIOD OF 2 YEARS) AND ALSO INDEMNITY BOND TO THE VALUE OF RS.7,75,000/- EACH TO RELEASE HIS VEHICLE SEIZED BY THE RESPONDENT AUTHORITY, PASSED BY THE AUTHORIZED OFFICER AND DEPUTY COMMISSIONER OF EXCISE, BELAGAVI NORTH DISTRICT, CHIKKODI IN DCE/CKD/CON/ HUKKERI/166/2022-23 (ARISING OUT OF SANKESHWAR P.S. CR.NO.106/2023) VIDE ANNEXURE-G TO THE MEMORANDUM. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:55 +0530 - 2 - NC: 2025:KHC-D:1518 CRL.P No. 102386 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The subject vehicle belonging to the petitioner was seized in relation to a Crime No.106/2023 for the offences punishable under Sections 32 and 34 of Karnataka Excise Act, 1965. The petitioner filed an application under Section 451 r/w 457 of Cr.P.C. 2. The Authorised Officer and Deputy Commissioner of Excise, Belagavi, North District, Chikkodi passed an order releasing the vehicle in favour of the petitioner subject to certain terms and conditions and one of the condition imposed was that, the petitioner shall furnish Bank Guarantee for a sum of Rs.7,75,000/- for a period of two years. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. The Officer prescribed, instead of calling upon the petitioner to furnish indemnity Bond for the said amount, has called upon to furnish the bank guarantee, and therefore, it would suffice, if the petitioner shall furnish indemnity bond for the said amount imposed as is normally done in identical circumstances. - 3 - NC: 2025:KHC-D:1518 CRL.P No. 102386 of 2024 5. Accordingly, the petition is allowed. 6. The imposed condition No.1 of the impugned order dated 20.10.2023 insofar directing to furnish to Bank Guarantee for a sum of Rs.7, 75,000/- passed by the learned Authorised Officer and Deputy Commissioner of Excise, Belagavi, North District, Chikkodi at annexure-G is hereby quashed, and the petitioner shall furnish a Indemnity Bond for a sum of Rs.7,75,000/- and other conditions imposed remains unaltered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 1 Sl No.: 3