- 1 - HC-KAR NC: 2025:KHC:52136 WP No. 36830 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36830 OF 2025 (GM-RES) BETWEEN: 1. MR SIDDALINGAIAH D P S/O. PUTTASIDDAIAH AGED ABOUT 56 YEARS R/AT. 873, BILVA, 13TH A CROSS 4TH MAIN CHANDRA LAYOUT, BENGALURU 560 072 2. KADAGERE MADDE GOWDA JAYARAMA S/O KADAGERE HONNAGIRI GOWDA MUDDE GOWDA AGED ABOUT 57 YEARS, PROPRIETOR OF SHREE SURYA PETROLEUM R/AT GROUND FLOOR AND FIRST FLOOR, NO.04, SY. NO. 90, BSK 3RD STAGE, HOSAKERAHALLI, CHAMUNDESHWARI NAGAR, BENGALURU-560 085 …PETITIONERS (BY SRI. S.RAJASHEKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME, 222, 2ND FLOOR, VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI, BENAGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISIONER, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU - 560 009 …RESPONDENTS (BY SRI.SIDDARTH BABU RAO, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52136 WP No. 36830 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED 24.11.2025 BEARING NO. GI.AA. (NA)AA.AVAKA/29/2025-26 ISSUED BY THE RESPONDENT NO.2 INSOFAR AS DIRECTING THE 1ST PETITIONER TO FURNISH BANK GUARANTEE FOR A TOTAL SUM OF RS.27,00,000/- FOR RELEASE THE 4 VEHICLES IN FAVOUR OF THE PETITIONER VIDE ANNEXURE-A AND ETC., THIS WRIT 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 AGA accepts notice for the respondents. 2. The Petitioners are before this Court seeking for the following reliefs: a. Issue a writ of certiorari to quash the impugned endorsement dated 24.11.2025 bearing No. GI.AA. (NA)AA.AVAKA/29/2025-26 issued by the respondent No.2 insofar as directing the 1st petitioner to furnish bank guarantee for a total sum of Rs.27,00,000/- for release the 4 vehicles in favour of the petitioner vide Annexure-A. b. Issue a writ mandamus by directing the 2nd respondent to order for release of 1,026 gas cylinders pursuant to the application dated 09.10.2025 filed by the petitioner No.1 and also order for release of for release of 1,335 gas cylinders pursuant to the application dated 09.10.2025 filed by the petitioner No.2 vide Annexure-B And C. c. Grant such other and further orders as this Hon'ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:52136 WP No. 36830 of 2025 3. The Petitioner No.1 is stated to be the owner of certain vehicles as detailed in paragraph 2 of the petition. Respondent No.2 has seized the said vehicles and registered FIR against the Petitioners for the offences punishable under Section 96 of the Karnataka Police Act, 1963. The Petitioners having made an application for release of the vehicles, Respondent No.2 allowed the said application subject to the petitioners furnishing a Bank Guarantee for a total sum of ₹27,00,000/-. The Petitioners are before this Court in the above circumstances seeking for the aforesaid reliefs. 4. The submission of learned counsel for the Petitioners is that the petitioners are 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 petitioner No.1, he has also executed a - 4 - HC-KAR NC: 2025:KHC:52136 WP No. 36830 of 2025 personal indemnity bond in favour of Respondent No.2 for the like amount. 5. In that view of the matter, considering that security by way of immovable property would stand on the same footing as a Bank Guarantee, I pass the following: ORDER i. Writ petition is allowed, ii. A certiorari is issued, an endorsement dated 24.11.2025 bearing No.GI.Aa.(Na)Aa.Avaka/ 29/2025-26 at Annexure-A, is quashed. iii. The Petitioner No.1, instead of a Bank Guarantee, is permitted to provide immovable property belonging to him and original documents of the immovable property belonging to him as security for the release of the vehicles as also to execute the personal indemnity in respect thereto. - 5 - HC-KAR NC: 2025:KHC:52136 WP No. 36830 of 2025 iv. The Petitioner No.1 shall furnish all the original documents and valuation reports pertaining to the properties for consideration to Respondent No.2 within a period of 30 days from the date of receipt of a certified copy of this order. v. Once the original documents, valuation reports, and personal indemnity are received by Respondent No.2, he is directed to consider the same and pass necessary orders within a period of seven days of such receipt. vi. Insofar as prayer (b) is concerned, the application of the petitioners is still pending, no orders are required to be passed except directing Respondent No.2 to consider the same and pass the necessary orders within 15 days of receipt of a copy of the documents. vii. In the event of any condition to be imposed for release of the said gas cylinders, respondent No.2 would always direct the petitioners to - 6 - HC-KAR NC: 2025:KHC:52136 WP No. 36830 of 2025 provide security in terms of immovable property. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 24