- 1 - NC: 2025:KHC-D:3460 CRL.P No. 103347 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103347 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHIVAPPA S/O. SHANKAR BADAKUNDRI AGE. 51 YEARS, OCC. FARMER, R/O. MALLAPUR P.G., TQ. GOKAK, DIST. BELAGAVI-591306. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY POLICE INSPECTOR, BY HUKKERI POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. HOLEPPA S/O. MARUTI NAYAK AGE. 46 YEARS, OCC.LABOURER, R/O. BADAKUNDRI, HUKKERI TALUK, BELAGAVI DIST-591306. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, SET ASIDE THE CONDITION REGARDING EXECUTION OF RENEWABLE BANK GUARANTEE FOR RS.5,00,000/- IN ORDER IN 16/10/2019 IN CRIMINAL REVISION PETITION NO.297/2019 PASSED BY THE COURT OF THE VII ADDL.DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKKODI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:55 +0530 - 2 - NC: 2025:KHC-D:3460 CRL.P No. 103347 of 2024 ORAL ORDER 1. The petitioner filed an application under Sections 451 and 457 of the Cr.P.C., seeking the release of the vehicle involved in the accident. This application was filed following the submission of the charge sheet against the driver of the vehicle, as well as a claim petition filed by the injured party and the legal representatives of the deceased. 2. The trial Court rejected the application, prompting the petitioner to approach the learned Sessions Court under Section 397 of the Cr.P.C. 3. The learned Sessions Judge allowed the revision petition and held that the petitioner is entitled to interim custody of the vehicle, subject to the execution of an indemnity bond for a sum of Rs.1,00,000 and a renewable bank guarantee for a sum of Rs.5,00,000 with one surety for the like sum, along with other conditions. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent–State. 5. The petitioner has placed on record the judgment dated 02.01.2024, passed by the Civil Judge and JMFC, Hukkeri, in C.C. No.238/2019, wherein the accused No.1, the driver of the vehicle, was acquitted of offences punishable under Sections 279, 338, and 304(A) of the IPC. - 3 - NC: 2025:KHC-D:3460 CRL.P No. 103347 of 2024 6. In such circumstances, the petitioner is entitled to the release of the vehicle without any conditions. ORDER i. Accordingly, petition is allowed. The order dated 16.10.2019 passed by the 7th Addl. District and Sessions Judge, Belagavi sitting at Chikkodi in Crl.R.P.No.297/2019 insofar it relates to imposing conditions is here by set aside. ii. The petitioner is entitled for release of the vehicle, Mahindra Arjun Tractor bearing reg.No.KA-49/T-6800, its chassis No.NJCU3929 and Trailer bearing reg.No.KA-49/T-6801, its Chassis No.54/166 within one week from the date of receipt of certified copy of this order. Subject to petitioner producing documents in relation to proof of ownership of the subject vehicle. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 42