- 1 - HC-KAR NC: 2026:KHC:31126 CRL.P No. 3804 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 3804 OF 2019 BETWEEN: 1. THE STATE OF KARNATAKA BY THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT, MANGALURU, DAKSHINA KANNADA. REPRESENTD BY STATE PUBLIC PROSECUTOR, BANGALORE. …PETITIONER (BY SMT. SOWMYA R, HIGH COURT GOVERNMENT PLEADER) AND: 1. JAMEELA AGED ABOUT 36 YEARS W/O ABDUL HAMEED R/AT H.NO.1-132, KAIRANGALA VILLAGE BANTWAL TALUK, DAKSHINA KANNDA. …RESPONDENT (RESPONDENT - SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE S.P.P. FOR THE STATE PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 19.01.2019 Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31126 CRL.P No. 3804 of 2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRL.MISC.NO.57/2019. THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 19.01.2019 passed by Principal District and Sessions Judge, Dakshina Kannada in Crl.Misc.No.57/2019 on an application filed by respondent/ accused for release of vehicle, this petition is filed. 2. Learned High Court Government Pleader for State submitted that on 13.08.2018 at 9.00 p.m., Police Sub Inspector, Ullal Police Station, while on a routine checking duty, intercepted vehicle no.KA-19-AA-6421 proceeding from Kottayapura, found to be transporting sand without valid permit and license. Vehicle was seized and proceedings initiated for violation of provisions of Karnataka Mines and Minerals Development and Regulation Act, 1957 and Rules framed thereunder ('Act' & 'Rules' for short). In said proceedings, accused filed an application for release of vehicle under - 3 - HC-KAR NC: 2026:KHC:31126 CRL.P No. 3804 of 2019 Sections 451 and 457 of Code of Criminal Procedure, 1973. Referring to decision of this Court in CRL.P.no.101008/2018 dated 11.06.2018 and amended Rule Section 43(8) of Rules, learned Sessions Judge allowed application by imposing a condition of furnishing security in form of bank guarantee to tune of double value of vehicle to satisfaction of trial Court. Assailing same, present petition was filed. 3. Learned HCGP for State submitted that there were no good grounds for release of vehicle and gravity of offences was not taken note of. 4. Heard learned High Court Government Pleader for State and perused impugned order. 5. At outset it is seen that Rule 43(8) of Rules violation of which the impugned order is alleged to have been passed, has been omitted by Notification NO.CI-115-MMN-2019 dated 30.06.2020, with effect from said date. However, Rule as it stood earlier reads as follows:- - 4 - HC-KAR NC: 2026:KHC:31126 CRL.P No. 3804 of 2019 "43.Checkposts and checking of minerals in transit:- (8) No release of the vehicle which shall however not include the minor mineral so seized shall be made unless there is an execution by the owner thereof, of security in the form of a renewable Bank Guarantee, of an amount equal to double the value of such vehicle, before the Competent Court having jurisdiction to try the offence on account of which the seizure has been made: Provided that where a report has been made to the Competent Court under sub-rule (7) the seized vehicle shall not be released except under the orders of such Court." 6. A bare perusal of impugned order would indicate that order for release of vehicle was on condition of furnishing security in form of renewable bank guarantee for an amount equal to double value of vehicle, which would be in tune with Rules and decision of this Court in Crl.P.No.101008/2018 disposed of on 11.06.2018. 7. No grounds to interfere. Petition is devoid of merit and stands dismissed. Sd/- (RAVI V HOSMANI) JUDGE AG List No.: 1 Sl No.: 17