- 1 - HC-KAR NC: 2026:KHC:13640 WP No. 4237 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4237 OF 2026 (GM-FOR) BETWEEN: PRASHANTH B.V S/O VITTALA GOWDA AGED ABOUT 42 YEARS R/AT NO.2-129, BAREPPADY HOUSE PUTTUR TALUK, KUDMARU DAKSHINA KANNADA - 574 202. …PETITIONER (BY SRI AADEESH P, ADV., FOR SRI SACHIN B.S, ADV.) AND: 1. DISTRICT CONSERVATOR OF FORESTS, MANGALURU DIVISION D.K. DISTRICT - 575 001. 2. RANGE FOREST OFFICER PANJA FOREST RANGE SUBRAMANYA DIVISION D.K. DISTRICT - 574 325. …RESPONDENTS (BY SRI VIKAS ROJIPURA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-DIRECT THE RESPONDENTS TO RELEASE THE TATA LORRY 1109 BEARING REGISTRATION NO. KA -45-4532 OWNED BY THE PETITIONER WITHOUT INSISTING ON THE FURNISHING OF THE BANK GUARANTEE BY CONSIDERING THE APPLICATION DATED 26.11.2025 FILED BY THE PETITIONER AS PER ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13640 WP No. 4237 of 2026 ORAL ORDER Petitioner in the captioned petition is seeking a mandamus to direct respondents to release the offending Tata Lorry bearing No. 1109 bearing Registration No.KA-45- 4532 without insisting on furnishing of bank guarantee by considering the application dated 26.11.2025. 2. The grievance of the petitioner is that the vehicle belonging to him has been seized pursuant to registration of forest offence in FOC No.09/2025-26 by the respondent authorities. The petitioner asserts that he is the registered owner (RC holder) of the seized vehicle and that he has been falsely implicated in the said forest offence. It is contended that immediately after the seizure of the vehicle, the petitioner submitted an application dated 26.11.2025 before respondent No.1 seeking release of the vehicle on interim custody. However, respondent No.1 has declined to accede to the said request. Aggrieved by the refusal on the part of the authorities to release the vehicle despite his claim as the registered owner, the petitioner is before this Court - 3 - HC-KAR NC: 2026:KHC:13640 WP No. 4237 of 2026 seeking a writ of mandamus directing the respondents to release the seized vehicle. 3. Learned Additional Government Advocate appearing for the respondents, placing reliance on Section 63 of the Karnataka Forest Act, 1963 (for short “the Act”), as well as the judgment rendered by a Co-ordinate Bench of this Court, submits that the statute itself prescribes the manner and conditions under which a vehicle seized in connection with a forest offence can be released pending confiscation proceedings. It is contended that the language employed in Section 63 of the Act is explicit and mandatory in nature. The provision clearly stipulates that where a vehicle is seized in connection with a forest offence and the registered owner seeks interim custody, the same can be granted only upon furnishing a bank guarantee equivalent to the value of the vehicle as determined by the competent authority. - 4 - HC-KAR NC: 2026:KHC:13640 WP No. 4237 of 2026 4. Learned AGA would submit that the legislative intent behind incorporating such a condition is to safeguard the interest of the State and to ensure that vehicles used in forest offences are not easily reclaimed without adequate security pending confiscation proceedings. 5. Learned AGA would further contend that the statutory mandate contained in Section 63 of the Act leaves no scope for deviation or relaxation of the prescribed condition. When the legislature has consciously incorporated a specific requirement of furnishing a bank guarantee as a condition precedent for release of the seized vehicle, this Court, while exercising its writ jurisdiction, cannot dilute or bypass the statutory requirement. The discretion of the Court is circumscribed by the scheme of the Act, and therefore the petitioner cannot seek release of the vehicle without complying with the mandatory requirement stipulated under Section 63 of the Act. It is thus contended that since the petitioner has not expressed willingness to furnish the bank guarantee as contemplated under the - 5 - HC-KAR NC: 2026:KHC:13640 WP No. 4237 of 2026 statute, he cannot assert any enforceable legal right seeking a direction to the respondents to release the vehicle. 6. Having considered the rival submissions and on a careful reading of the provisions of Section 63 of the Act, this Court finds that the statutory scheme governing seizure and release of vehicles involved in forest offences is clearly structured. The provision explicitly provides that release of the seized vehicle on interim custody is permissible only upon furnishing a bank guarantee for the value of the vehicle as determined by the competent authority. The language employed by the legislature is unequivocal and leaves no discretion with either the authorities or this Court to relax the statutory requirement. Therefore, the relief sought by the petitioner seeking release of the vehicle without complying with the statutory condition cannot be granted. - 6 - HC-KAR NC: 2026:KHC:13640 WP No. 4237 of 2026 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition stands disposed of. (ii) It is clarified that the petitioner would be at liberty to seek release of the seized vehicle in accordance with Section 63 of the Act, by furnishing a bank guarantee for the value of the vehicle as may be determined by the competent authority. (iii) In the event the petitioner furnishes the requisite bank guarantee as contemplated under Section 63 of the Act, the respondent authorities shall consider the request and release the seized vehicle in favour of the petitioner, subject to other statutory requirements, within a period of - 7 - HC-KAR NC: 2026:KHC:13640 WP No. 4237 of 2026 two weeks from the date of furnishing such bank guarantee. (iv) All other contentions of the parties are kept open. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 16