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Judgment
H.N. Nagamohan Das, J.—In this petition the petitioner has called in question the condition imposed by the IV Addl. Sessions Judge, Mysore in Crl. R.P. No. 300/2013 vide order 31.07.2013 in so far as it relates to directing petitioner to furnish bank guarantee for a sum of Rs. 2,00,000/-. Petitioner is the owner of the vehicle bearing KA-02-8109 and the same is covered under a permit for transporting goods. Respondent seized the vehicle in question on 17.04.2013 on the ground that there was illegal transportation of sand and registered a case for the offences punishable under Sections 378, 379 of IPC and Section 4(1), 4(1A), 21 of the Mines and Minerals(D & R) Act. In the proceedings before the trial Court, petitioner filed an application for release of the vehicle and the same came to be rejected on 18.06.2013. Aggrieved by this order, petitioner filed a criminal revision petition No. 300/2013 on the file of Sessions Judge, Mysore. The revisional court allowed the claim of the petitioner and released the vehicle subject to certain conditions. The relevant condition for the purpose of this case is as under:
The offending vehicle bearing Regn. No. KA-02-8109 is released in favour of the petitioner Shivanna in Crl. R.P. No. 300/2013 as an interim custody on executing his indemnity bond for a sum of Rs. 2,00,000/- with two sureties for likesum and on furnishing bank guarantee for a sum of Rs. 2,00,000/- subject to the conditions stated infra.
When the petitioner is directed to execute an indemnity bond and two sureties for the likesum, then there is no reason to direct him to furnish the bank guarantee to the same extent. Executing indemnity bond and furnishing sureties will safeguard the interest of the respondent department. The condition directing the petitioner to execute bank guarantee is too harsh. Therefore, the following:
ORDER
I) Petition is partly allowed.
II) The condition in the order dated 31.07.20.13 in Crl. R.P. No. 302/2013 passed by the IV Addl. Sessions Judge, Mysore in so far as it relates to directing the petitioner to furnish bank guarantee to the extent of Rs. 2,00,000/- is hereby set-aside.
III) Remaining ah other aspects the impugned order remains intact and undisturbed.