- 1 - HC-KAR NC: 2025:KHC:53439 WP No. 37363 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37363 OF 2025 (GM-POLICE) BETWEEN: 1. SRI. UMASHANKAR S/O. MUNIYAPPA AGED ABOUT 38 YEARS R/AT. NO. 21, 8TH CROSS, 50 FEET ROAD, CHOWDESHWARI NAGAR BANGALORE - 560 058. …PETITIONER (BY SRI. NAGARAJA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT M.S BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, DEPUTY COMMISSIONER OFFICE BUILDING K.G. ROAD, BANGALORE - 560 009. 3. THE CIRCLE INSPECTOR R.M.C.YARD POLICE STATION YESHWANTHPURA SUB-DIVISION BANGALORE - 560 022. 4. THE FOOD INSPECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53439 WP No. 37363 of 2025 YESHWANTHAPURA BANGALORE - 560 022. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO QUASH THE IMPUGNED ORDER DATED 28.11.2025 MADE IN NO.G.A(NA)/AA.AVAKA/72/2025-26 PASSED BY THE 2ND RESPONDENT PRODUCED ANNEXURE-G. THIS 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 Additional Government Advocate accepts notice for respondent Nos.1 to 4. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue writ of certiorari or similar writ, order or direction to quash the impugned order dated: 28.11.2025 made in No. G.A.(Na)/Αα.αναΚα/72/2025-26 passed by the 2nd Respondent produced Annexure-G. b. Issue a writ, order or direction in the nature of Writ of Mandamus, directing the 3rd respondent to release the vehicle through the indemnity bond in crime No.170/2025 during the course of investigation, the respondent police have seized the following vehicle in respect of 1 vehicle bearing the respondent police have seized the following in respect of the vehicle bearing registration No.KA-01, AB-0798 Produce at Annexure-A by taking the surety. - 3 - HC-KAR NC: 2025:KHC:53439 WP No. 37363 of 2025 c. Pass such other relief or reliefs as this Hon'ble court deems fit to grant under the facts arid circumstances of the case, in the interest of justice and equity. 3. A complaint having been lodged by respondent police on 18.09.2025 for the offences under Sections 3 and 7 of the India's Essential Commodities, 1955 (for short, "EC Act") and 13(2) of Prevention of Corruption Act, 1988 and Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.170/2025, the lorry of the petitioner had been seized by the respondent police. 4. An application having been filed by the petitioner for release of the said vehicle under Sections 451 and 457 of the Cr.P.C. vide the impugned order, the respondents had directed the release of the vehicle subject to furnishing of the bank guarantee. 5. The Co-ordinate Bench of this Court vide its order dated 05.01.2023, in W.P.No.5872/2022, has held that insofar as offences under the EC Act were concerned, the vehicle could be released by directing the petitioner to submit personal indemnity for the amount as sought for in respect to the bank guarantee. In that view of the matter, I pass the following: - 4 - HC-KAR NC: 2025:KHC:53439 WP No. 37363 of 2025 ORDER i) Writ petition is allowed. ii) A certiorari is issued. The order dated 28.11.25 in G.A.(Na)/Aa.avaKa/72/2025-26 passed by respondent No.2 at Annexure-G is quashed. iii) A mandamus is issued directing respondent No.3 to release the seized vehicle in KA No.1-AB-0798 of the petitioner submitting a personal indemnity for the amount as directed to be furnished as a bank guarantee. iv) The respondents are directed to enter the details of the vehicle in a database to be maintained by the respondent No.3 so as to ascertain if the very same vehicle is used for similar offences or not in future and if the same vehicle is used for similar offences, stringent action could be taken in relation thereto. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 21 CT-SG