CRL.P/5970/2026 of SRI ARAPATH ALI Vs STATE OF KARNATAKA on 28 July 2026

ORAL ORDER

Petitioner is before the Court seeking the following prayers: "a) set aside the order passed by the III Additional District and Sessions Judge, D.K., Mangalore in Crl.Appeal No.358/2025 by order dated 02.12.2025 vide Annexure-E; b) set aside the order passed by the Executive Sub-Divisional Magistrate and Assistant Commissioner Mangalore second respondent herein in MAG/20/2025 dated 01/07/2025 vide Annexure-D; c) and grant such other and further relief/s as this Hon'ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice."

2. The petitioner faces proceedings under the provisions of Section 303(2) of Bharatiya Nyaya Sanhita, 2023,

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Sections 4, 5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, Sections 11(A) and 11(D) of the Prevention of Cruelty to Animals Act, 1960 and Section 192(A) of the Motor Vehicles Act, 1988.

3. The petitioner files an application before the concerned Court seeking release of the vehicle. The vehicle is released on certain conditions. The conditions include imposition of a bank guarantee, virtually taking away the benefit of the order by imposing such bank guarantee.

4. In such circumstances, the co-ordinate Bench in Sudhir Vs The State by Kadaba PS1 has passed the following order: "Learned High Court Government Pleader accepts notice for the respondent-State.

2. This petition is filed by the petitioner-accused No.1 under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. for setting aside the order of the Assistant Commissioner cum Sub- Divisional Magistrate, Puttur by imposing the condition of executing Bank Guarantee of Rs.5,00,000/- for releasing the Mahindra Pickup Van bearing registration No. KA 46 6097.

1 WP No.796/2023 DD 24.01.2023

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3. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent State.

4. The case of the prosecution is that the petitioner is said to be arrested by the Police in the Crime No.72/2022 registered by Kadaba Police Station, D.K. Puttur, for the offences punishable under Sections 4, 5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020 and Sections 66(1), 192(A) of the Indian Motor Vehicles Act, 1988 (for short 'IMV Act').

5. The petitioner being the RC owner of the vehicle filed an application for releasing the vehicle where impugned order passed by the Assistant Commissioner cum Sub Divisional Magistrate to release the vehicle in favour of the petitioner with a condition to execute Rs.5,00,000/- renewable Bank Guarantee which is under challenge.

6. Having heard the arguments and on perusal of the records, of course, according to the ordinance, the party shall execute Bank Guarantee for the value of the vehicle. However, in the catena of decisions, this Court has already held that instead of directing the parties to execute Bank Guarantee, if the indemnity bond is obtained, that will set back the interest of the prosecution. If the offence is proved against the petitioner, the vehicle shall have to be forfeited as per the law. Such being the case, while releasing the vehicle, the Court can also impose the condition for indemnity bond to be executed for the actual value of the vehicle.

7. Therefore, the order under challenge is required to be modified. Accordingly, the petition is allowed in part. The condition No.4 for executing the Bank Guarantee for Rs.5,00,000/- is hereby set aside and modified as under:

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"The petitioner shall execute the indemnity bond for Rs.5,00,000/- with a surety for the likesum to the satisfaction of the Assistant Commissioner cum Sub Divisional Magistrate". The remaining conditions shall remain unaltered."

5. In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms.

6. For the aforesaid reasons, the following:

ORDER

i) Criminal Petition is disposed of. ii) The condition imposing furnishing of bank guarantee of the value of the said vehicle is hereby set aside and modified as under: "The petitioner shall execute the indemnity bond for Rs.5,00,000/- with a surety for the likesum to the satisfaction of the Executive Sub- Divisonal Magistrate and Assistant Commissioner at Mangaluru."

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The remaining conditions shall remain unaltered.

Sd/- (M.NAGAPRASANNA) JUDGE

BGN List No.: 2 Sl No.: 84