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2026 DAILYLAW 24098 (KAR)

N. CHANDRASHEKARA v. THE STATE OF KARNATAKA

CRL.P/2372/2026 · 2026-06-22

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30908 CRL.P No. 2372 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2372 OF 2026 BETWEEN: N. CHANDRASHEKARA S/O. NAGAREDDY, AGED ABOUT 45 YEARS, R/O NO.143, J.B.HALLI ROAD, POKKURTHI, JAGIRBUDDENAHALLY, MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 540. …PETITIONER (BY SRI. MOHAN KUMAR H.G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY MALUR POLICE STATION, KOLAR DISTRICT. REP. BY HIGH COURT GOVT PLEADER/SPP HIGH COURT OF KARNATAKA PRINCIPAL BENCH AT BENGALURU BANGALORE - 01. 2. MURALIDHAR M., AGED MAJOR ASSISTANT DIRECTOR OF AGRICULTURE (ENFORCEMENT), OFFICE OF JOINT DIRECTOR OF AGRICULTURE, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30908 CRL.P No. 2372 of 2026 KOLAR DISTRICT - 563 101. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, SPP-I FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE IMPUGNED ORDER DTD 14.01.2026 AS PER ANNEXURE-D PASSED IN CRL.RP.NO.62/2025 ON THE FILE OF HONBLE 2nd ADDL. DISTRICT AND SESSIONS JUDGE, AT KOLAR, PRODUCED AT ANNEXURE-D AND THE ORDERS DTD 30.08.2025 PASSED BY HONBLE PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, MALUR, KOLAR DISTRICT, ARISING OUT OF CR.NO.86/2025 PRODUCED AT ANNEXURE-C AND CONSEQUENTLY TO DIRECT THE TRIAL COURT FOR THE RELEASE OF SEIZED VEHICLE viz ASHOK LEYLAND GOODS CARRIER LORRY BEARING NO.KA-34-C-6477 IN PF.NO.41/2025 DTD 14.03.2025 TO THE INTERIM CUSTODY OF THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "i. Set-aside impugned orders dated 14-01-2026 as per ANNEXURE-D, passed in Crl.R.P.No. 62/2025 on the file of Hon'ble 2nd Add. District & Sessions - 3 - HC-KAR NC: 2026:KHC:30908 CRL.P No. 2372 of 2026 Judge at Kolar, produced at ANNEXURE-D and the orders dated 30-08-2025 passed by HON'BLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) & JMFC COURT, MALUR, KOLAR DIST in Crime No. 86/2025 produced at ANNEXURE-C and consequently to direct the trial court for the release of seized vehicle viz Ashok Leyland Goods Carrier Lorry bearing No. KA-34-C-6477 in PF No. 41/2025 dated 14/03/2025 to the interim custody of the petitioner by in the interest of justice and equity. ii. Grant such other releifs as deems fit in the circumstances of the case and in the interest of justice." 2. Heard Sri. Mohan Kumar H.G., learned counsel appearing for the petitioner, Sri. B.N. Jagadeesha, learned SPP- I and have perused the material on record. 3. Pursuant to the registration of the crime, which is challenged in Crl.P.No.2350/2026, the vehicle of the petitioner stood seized for the offences punishable under Sections 7(1)(a)(i), 3 of the Essential Commodities Act, 1955 read with Section 318(4) of the BNS, 2023 and Sections 7, 8 and 25(1) of the Fertilizer Act. The vehicle is said to be stranded before a particular police station for the last one and a half years and it is not put to use. Not putting the vehicle to use will neither be useful to the prosecution nor to the accused. Therefore, on certain conditions, I deem it appropriate to direct release of the vehicle to the hands of the petitioner. - 4 - HC-KAR NC: 2026:KHC:30908 CRL.P No. 2372 of 2026 4. For the aforesaid reasons, the following: ORDER i) The criminal petition is allowed. ii) The order dated 14.01.2026 passed by the II Additional District and Sessions Judge, Kolar in Crl.R.P.No.62/2025 and the order dated 30.08.2025 passed by the Hon'ble Principal Civil Judge (Jr.Dn.) and JMFC Court, Malur, Kolar District in Crime No.86/2025, stand quashed. iii) Respondent No.1 to release the Ashok Leyland Goods Carrier Lorry vehicle seized bearing No.KA-34-C-6477, on production of adequate surety to the satisfaction of the Investigating Officer along with the indemnity bond for a sum of Rs.2/- lakhs, furnishing proof of ownership. iv) The petitioner shall not repeat the offence that he is now embroiled in. v) The release of the subject vehicle shall be done, within one week from the date of receipt of the copy of the order. - 5 - HC-KAR NC: 2026:KHC:30908 CRL.P No. 2372 of 2026 vi) It is made clear that in the event the petitioner uses the said vehicle for the same kind of offence, the matter would be viewed seriously. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 0