- 1 - HC-KAR NC: 2025:KHC:47754 WP No. 28587 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 28587 OF 2025 (GM-RES) BETWEEN: SUNIL RAJ AGE ABOUT 32 YEARS S/O CHANDRASHEKHAR R/AT NEAR RAM MANDIR SANTHANAKERE GANGOLLIL VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT- 576434. …PETITIONER (BY SRI. SHRIRAMA ADIGA, ADVOCATE) AND: STATE OF KARNATAKA RANGE FOREST OFFICER ALOOR, KUNDAPURA REP. BY HCGP HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SRI.RAHUL RAI K., HCGP) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE CONDITION OF BANK GUARANTEE IMPOSED IN CRL.RP.508/2025 ON THE FILE ADDITIONAL DISTRICT AND SESSIONS JUDGE. UDUPI (SITTING AT KUNDAPURA), VIDE ANNEXURE-D AND B. ISSUE A WRIT OF CERTIORARI TO QUASH THE REQUISITION DATED 18.04.2025 FILED BY THE RESPONDENT IN SO FAR THE PETITIONER VEHICLE CONCERN BEARING REGISTRATION NO.KA-42-M-4952 PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC KUNDAPUARA. VIDE ANNEXURE B AND ETC. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47754 WP No. 28587 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The order passed by the learned Additional Civil Judge and JMFC, Kundapura rejecting the application filed by the petitioner under Section 503 of BNSS 2023 and the order passed by the learned Sessions Judge, imposing Bank guarantee for the release of vehicle, is under challenge in this petition. 2. A Crane bearing No.KA-42-M-4952, owned by the petitioner came to be seized in connection with a case registered under the provisions of the Karnataka Forest Act, 1963 on 19.04.2025. The application filed by the petitioner for the interim custody of the said vehicle was rejected by the learned Magistrate by an order dated 25.04.2025. The petitioner filed Crl.RP.No.508/2025 before the Sessions Court. The learned Sessions Judge, though set aside the order passed by the learned - 3 - HC-KAR NC: 2025:KHC:47754 WP No. 28587 of 2025 Magistrate, directed the petitioner to furnish bank guarantee equal to the value of the vehicle as estimated by the Court. 3. It is not in dispute that the petitioner is the owner of the Crane bearing registration No.KA-42-M-4952, seized in connection with the case registered by the RFO, Kundapur Range in FOC.No.5/2025-26. The said vehicle was seized on 19.04.2025. The learned counsel would submit by filing a memo that the vehicle is an old vehicle and the estimated value of the vehicle is Rs.2,94,500/- as per insurance policy. 4. The vehicle was seized on 19.04.2025. It is of no use to keep the vehicle at the police station without being used, for a long period. Considering that the vehicle is exposed to rain and sunlight and it would be rendered useless if not put in use, the vehicle in question can be ordered to be released in favour of the petitioner imposing appropriate conditions. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC:47754 WP No. 28587 of 2025 ORDER (i) The order dated 19.06.2025 passed by the Court of Additional District and Sessions Judge, Udupi (sitting at Kundapura) in Crl.RP.No.508/2025 is modified. (ii) The Trial Court is directed to pass necessary order regarding release of Crane bearing registration No.KA-42-M-4952 in favour of the petitioner, upon confirmation of the ownership, on a condition that he shall furnish a bank guarantee for a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand) and execute an indemnity bond for a sum of Rs.3,00,000/- (Rupees three lakhs only). (iii) Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE NC/CT:bms List No.: 1 Sl No.: 86