- 1 - HC-KAR CNR: KAHC010281282019 NC: 2026:KHC:40129 CRL.P No. 4156 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 4156 OF 2019 BETWEEN: THE STATE OF KARNATAKA, BY SHO KANAKANADY TOWN POLICE STATION MANGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …PETITIONER (BY SMT.SOWMYA R., HCGP) AND: SRI JAYARAM SHETTY, AGED ABOUT 44 YEARS, S/O GANGADHAR SHETTY, R/AT CHARLA HOUSE, CHARLA POST AND VILLAGE KULOOR, KASARAGOD, KERALA STATE - 671 121. …RESPONDENT (BY SRI H.N.SHARATH KUMAR, ADVOCATE FOR SRI K.RAVISHANKAR, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 11.03.2019 PASSED BY PRINCIPAL DISTRICT Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010281282019 NC: 2026:KHC:40129 CRL.P No. 4156 of 2019 AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU IN CRL.MISC.NO.357/2019. THIS 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 11.03.2019 passed by Prl. District & Sessions Judge, Dakshina Kannada, Mangaluru, in Crl.Misc.no.357/2019, this petition is filed. 2. Smt.Sowmya, learned HCGP for petitioner-state submitted that main ground of challenge is that seizure of vehicle was for offences punishable under provisions of Mines and Minerals Development and Regulation Act, 1957 (Act) and Karnataka Minor Minerals Concession Rules, 1994 (Rules). It was submitted, specific provision for release of vehicle is contained in Rule 43(8) of Rules and conditions imposed in impugned order do not conform to minimum conditions prescribed under Rules. It was submitted, said issue was squarely covered by decision of this Court in Crl.P no.3801/2019 [2026:KHC:31770] wherein this Court modified - 3 - HC-KAR CNR: KAHC010281282019 NC: 2026:KHC:40129 CRL.P No. 4156 of 2019 order and added conditions to bring it in conformity with Rule 43(8) of Rules. On said ground, prayed for allowing petition. 3. Sri H.N.Sharath Kumar, learned counsel appearing for Sri K.Ravishankar, learned counsel for respondent opposed petition. 4. On perusal of order impugned as well as referring to provisions of Act and Rules and decision of this Court in Crl.P no.3801/2019, I find force in contention of learned HCGP. 5. Following above decision, petition is allowed. Order dated 11.03.2019 passed by Prl. District & Sessions Judge, Dakshina Kannada, Mangaluru, in Crl.Misc.no.357/2019, on application filed by respondent under Sections 451 and 457 of CrPC, is modified by adding condition as follows: Respondent-accused is required to furnish a renewable bank guarantee equal to double value of vehicle as mentioned in seizure panchanama, value assessed or mentioned in surety bond filed by respondent-accused or insured declared value in insurance policy for relevant period whichever is higher. Said - 4 - HC-KAR CNR: KAHC010281282019 NC: 2026:KHC:40129 CRL.P No. 4156 of 2019 condition shall be in addition to conditions imposed and complied within two months of date of receipt of certified copy or within such period as may be extended by learned District Judge. Sd/- (RAVI V HOSMANI) JUDGE AV