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2018 DIGILAW 655 (KAR)

S Jayaprakash S/o Subramani v. State of Karnataka By The Range Forest Officer

2018-06-04

K.N.PHANEENDRA

body2018
ORDER : 1. The petitioner has sought for relaxation of modification/relaxation of the condition imposed by the learned II Addl. District and Sessions Judge, Kodagu in Criminal Appeal No.5007/2018 dated 13.4.2018. 2. While releasing the vehicle to the interim custody of the appellant, the Sessions Judge has imposed certain conditions. The learned Sessions Judge has imposed condition No.2 in the following manner: “(2) The appellant shall furnish a Bank Guarantee for a sum of Rs.8,00,000/- in favour of the Authorized Officer which shall be kept in force until the disposal of the case.” 3. It is seen that there is no mention in the order as to how the learned Sessions Judge has come to the conclusion that the value of the vehicle involved is worth Rs.8 lakhs, without ascertaining the value of the vehicle from the concerned competent authority. 4. In the above said circumstances, the condition imposed cannot be relaxed fully, but it can be modified to the extent of the value of the property as on the date. Therefore, it is just and necessary to direct the authorized officer to secure the opinion from the Regional Transport Officer concerned with regard to the exact value of the property as on the date and to that extent, the Bank Guarantee shall be taken by the authorized officer. However, the remaining conditions imposed by the learned Sessions Judge remains unaltered. 5. In view of the above said reasons, Condition No.2 is modified to the following extent: “(2) The petitioner shall furnish Bank Guarantee to the extent of the actual value of the vehicle to be furnished by the Regional Transport Officer on the request of the authorized officer, which shall be kept in force until the disposal of the case.” 6. With the above said observation, the Revision Petition is partly allowed. The report of the Regional Transport Officer shall be secured by the Authorised Officer within one week from the date of receipt of a copy of this order. In view of the dismissal of the petition on merits, I.A.No.1/2018 filed for stay does not survive for consideration and the same stands dismissed.