MOHAMMED SHAMEER vs THE STATE OF KARNATAKA BY KRS POLICE STATION

Though the matter is listed for admission, with the consent of both sides, it is taken up for final disposal.

This revision petition is preferred by the applicant/petitioner, who claims to be the RC holder of the car bearing Registration No.KA-18/N-9278, in respect of which car claim has been made by the present petitioner before the learned Sessions Judge.

Brief facts of the case are that the present petitioner Mr. Mohammed Shameer S/o Abdul Rahiman filed application before the Sessions Court under Section 457 of Cr.P.C., through his GPA holder Mr.R.Arunesh S/o Ramegouda, seeking release of the Car bearing Registration No.KA-18/N-9278 to his interim custody.

The petitioner therein has stated that the Car is required for his day to day use and if same is allowed to remain in the Police Station, its value would diminish and it would become useless and thus, prays to allow the application. The said application was objected by the prosecution. The learned Sessions Judge, after considering the materials placed on record, rejected the application on the ground that when the statement of the father of the RC holder was recorded, he never stated in his statement that the car belongs to his son; and the another reason for rejection of the application is that the accused also in his voluntary statement claimed that he is the owner of the car.

Heard the arguments of the learned counsel appearing for the petitioner/applicant and also the learned High Court Government Pleader appearing for the respondent-State.

Perused the materials placed on record. In the order itself the learned Sessions Judge has mentioned that the RC book has been produced by the applicant. When that is so, the vehicle could have been given into the custody of the RC holder by imposing reasonable conditions. Hence, the petitioner/applicant has made out a case to allow the revision petition.

Accordingly, the revision petition is allowed. The order dated 07.09.2016 passed by the learned III Addl. District & Sessions Judge, Mandya (sitting at Srirangapattana) on the application filed under Section 457 of Cr.P.C. in S.C.No.5049/2016 is hereby set aside and the vehicle is ordered to be given to interim custody of the RC holder and not to the GPA holder of the RC holder subject to the following conditions:-

i. The petitioner/applicant has to execute the indemnity bond for a sum of Rs.6,00,000/- with one surety for the likesum.

ii. He should not change the colour and should not remove any parts of the said Car.

iii. He has to produce the Car before the learned Sessions Judge as and when directed.

iv. He should not alienate the said car to any other persons during the pendency of the Sessions case.

Intimate the concerned Court accordingly. In view of the disposal of the main petition, I.A.No.1/2016 does not survive for consideration. Hence, the same is disposed of.