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IN THE men counts or KARNATAKA AT BANGALORE
DATED THIS THE 9th DAY OF' AUGUST, 2010,},
BEFORE I
THE HON'BLE MR.JUSTICE SUBHASHVE AEI " 1.
CRIMINAL PETITION ;§6I3?75}2e1Q_': '- , 'V
BETWEEN:
Abdul Ravoof
S/ 0 I-Iassan Sab Byari V
Aged about 30 years
Residing at Mavinakatte _
Gulvadi Post _ V. A Y "
Kundapura Tq.,_U--cIup1' Dist, u h ....PE."I'ITIONER
I SE;IvI_,A§I:.oI:-"Kfi;_:naI-, Adv.)
1. StE,te of I .
By %HoSg1nagar"R_aI:ge
2. The Ofiicéfs and
, Dezputy Consexfvatqr of Forests
I-.._SagaI'. I " """ " ...RESPONDEN'I'S
[By Sri. Satish R Girji, HCGP}
CRIMINAL PE'I'I'I'£ON IS FILED UNDER SECTION 482
i PRAIIING THAT THIS IIONBLE COURT MAY BE PLEASED TO
'SET ASIDE THE ORDER DT. 19.12.09 PASSED IN CRL.MISC.A 20/09
FILE OF THE DIST. AND SESSIONS JUDGE, F'IC--II,
_ L':"VAS.I:{II\/IOGA TO THE EXTENT OF IMPOSITION 05* CONDITION OF
DFURNISHING THE BANK GUARANTEE OF RS.8.00,()()O/-- FOR
RELEASING THE VEHICLE BEARING NO.KA--lO/9393 AND DIRECT
THE RESPONDENTS TO RELEASE THE SAID VEHICLE ON
INDEMNITY BOND AND A SOLVENT SURETY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE'. THE FOLLOVWNG:
O R D E R
This petition is directed against the condition imposled in
the order passed by the Fast Track
19.12.2009 in Crl. Misc. APDea1No.2Q/2O.09- 37- by
2. Petitioner had filed an application blunders’ Aslectiolnj 7″}p(D}.Vg
of the Karnataka Forest Act,”v-vaugabinstvh the of his
application for release of the vephic1e;_:’ho’Wever,’ the learned Fast
Track Judge while passing hasdrriposed a condition
that, the appellantlr1i.ust «bond and also bank
guarantee to the he “oi” -laiezhs.
3._ Learned sec-_un.sel’~~–“:for the petitioner submits that,
~”‘.condi’tienE bankhlguarantee to the tune of Rs.8 lakhs is not
V.7bas.ed» He has produced insurance policy to
show tliatvtlietiirallue of the vehicle as estimated by the insurance
‘company not more than Rs.3,10,000/-, that was also in the
V’ lllyear ‘2’QO8,N it could not have been valued at Rs.8 lakhs.
4. Considering the above, I find, while imposing bank
~ _ guarantee, the Court must taken into consideration the actual
value of the vehicle before it could be imposed such condition.
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5. Considering the same, petition is parfly allowed.
Condition {d} in the impugned order is set aside. Petiiioner is
directed to furnish the bank guarantee to “of
Rs.3.1G.0{)O/–. All other Conditions as ordered xwjiii
undisturbed.
IU’DGE
$AP/_
