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2025 DAILYLAW 84917 (KAR)

MR PRASHANT S/O. SHIVANAND HIREMATH v. THE STATE OF KARNATAKA

WP/109548/2025 · 2025-12-18

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18655 WP No. 109548 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109548 OF 2025 (GM-EC) BETWEEN: MR. PRASHANT S/O. SHIVANAND HIREMATH, AGE. 33 YEARS, OCC. NOT KNOWN, R/O. MONESHWAR COLONY, KADAPATTI, TQ. JAMAKHANDI, DIST. BAGALKOTE-587119. …PETITIONER (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY DEPUTY COMMISSIONER, BAGALKOTE-587101. 2. THE POLICE SUB-INSPECTOR, KERUR POLICE STATION, DHARWAD-587206. 3. ASSISTANT AGRICULTURE DIRECTOR (VIGILLANCE-1), OFFICE OF JOINT DIRECTOR, BAGALKOTE-587101. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE PASSED BY THE RESPONDENT NO.1 IN JA.KRU.NI/E.C.A/RA.GO.PRA-1/ /2025-26 DATED 20/11/2025, VIDE ANNEXURE-E IN SO FAR AS PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY; CALL FOR THE RECORDS IN JA.KRU.NI/E.C.A/RA.GO.PRA-1/ /2025-26 ON THE FILE OF RESPONDENT NO.1; ANY OTHER RELIEFS THIS HON’BLE COURT Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18655 WP No. 109548 of 2025 DEEMS FIT MAY PLEASE BE GRANTED IN FAVOUR OF THE PRESENT PETITIONER. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondents. 2. Learned counsel appearing for the petitioner submits that the issue raised in the present petition is covered by the judgment of a Co-ordinate Bench of this Court in Habeeb U. Vs. State of Karnataka and Others1. 3. Learned Additional Government Advocate does not dispute the proposition of law. 4. Considering the facts of the case, the Court is of the view that the petitioner has made out a case to accept the contention that the issue raised is covered in terms of the aforementioned judgment. 1 W.P.No.15021/2024 decided on 25.06.2024 - 3 - HC-KAR NC: 2025:KHC-D:18655 WP No. 109548 of 2025 5. Hence, the following: ORDER a) The petition is allowed. b) The order dated 20.11.2025 passed by respondent No.1-Deputy Commissioner, is quashed. c) The petition is allowed subject to the following conditions: a. Petitioner shall execute an indemnity bond for a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) i.e., the value estimated under the PF so also furnish one surety for the said amount to the satisfaction of the concerned Magistrate Court. b. Petitioner shall not change colour and number of the said vehicle. c. The colour photograph of the said vehicle is to be taken from different - 4 - HC-KAR NC: 2025:KHC-D:18655 WP No. 109548 of 2025 angles and they should be produced before the concerned JMFC Court. d. The applicant-petitioner shall not transfer the vehicle in any manner in favour of anybody till conclusion of the proceedings. e. The petitioner shall produce the vehicle before the confiscation authority or before the JMFC Court as and when directed. f. The petitioner shall not repeat the offence that he is now embroiled in. g. The release of the subject vehicle shall be done, within one week from the date of receipt of a certified copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT-MCK/LIST NO.: 1 SL NO.: 120