Daliwal Harneksingh v. The State of Karnataka

ORDER IN CRL.MISC.NO.25748/2025 DATED 06.12.2025 PASSED BY THE HONBLE XXVI ADDL.CITY CIVIL AND SESSION JUDGE MAYO HALL BENGALURU IN S.C.NO.1105/2025 OF K.G.HALLI TRAFFIC P.S. BENGALURU OUT OF CR.NO.26/2025 P/U/S 105, 281 OF BNS ACT 2023 AND SEC 134(a AND b), 187 OF IMV ACT 1988, PENDING ON THE FILE OF HONBLE XXVI ADDL.CITY CIVIL AND SESSIONS JUDGE MAYO HALL BENGALURU.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent-State.

¶2This petition is filed assailing the correctness of the order dated 06.12.2025 passed in Criminal Miscellaneous No.25748/2025 on the file of the XXVI Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru in SC.No.1105/2025 for the offences punishable under Sections 105, 281 of Bhartiya Nyaya Sanhita Act, 2023 (for short 'the BNS Act') and under Section 134 (a and b) r/w Section 187 of the Motor Vehicles Act, 1988 (for short 'the MV Act').

¶3The petitioner claims to be the owner of the vehicle bearing registration No.GJ-06-AU-6412. The FIR is registered

against the driver of the said vehicle for the offences under Sections 105, 281 of the BNS Act and under Sections 134 (a and b), 187 of the MV Act.

¶4The petitioner, who claims to be owner of the said vehicle has moved the application for release of the vehicle on the premise that the vehicle is required for his use. The petitioner has undertaken to abide by the terms and conditions for release of the vehicle. However, the application is rejected on the ground that the petitioner has not produced the documents relating to the registration of vehicle.

¶5Learned counsel for the petitioner has filed a memo along with the registration certificate of the vehicle involved in the alleged incident.

¶6Learned High Court Government Pleader would submit that the application was rejected on the premise that the document was not produced.

¶7The Court has perused the document produced along with the memo.

¶8The vehicle bearing registration No.GJ-06-AU-6412 stands in the name of the petitioner. The said vehicle is also referred to in the charge sheet.

¶9Considering the nature of the offences, this Court is of the considered view that the petitioner has made out a case for release of the vehicle subject to the following conditions.

¶10Hence, the following: ORDER

i) The petition is allowed.

ii) The vehicle bearing registration No.GJ-06-AU-6412 be released in favour of the petitioner.

iii) The petitioner shall not alter the colour and any other features of the vehicle.

iv) The petitioner shall not transfer the vehicle, till the disposal of the proceedings before the Trial Court.

v) The petitioner shall also execute an indemnity bond for a sum of Rs.9,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.

vi) The petitioner shall make the vehicle available for inspection during the trial, if required.

Sd/- (ANANT RAMANATH HEGDE) JUDGE

PHM List No.: 1 Sl No.: 8

NC:(2025:KHC:54827( CRL.P(No.(17489(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(30 (DAY(OF(DECEMBER,(2025( BEFORE( THE(HON'BLE(MR.(JUSTICE(ANANT(RAMANATH(HEGDE( CRIMINAL(PETITION(NO.(17489(OF(2025((482(Cr.PC)(/( 528(BNSS))( BETWEEN:(( ( , DALIWAL,HARNEKSINGH, S/O,AMARSINGH,, AGED,ABOUT,58,YEARS,, R/AT,NO.157,,PART,2,,, MANIBHAI,PARK,,, AJWA,ROAD,,, SAYAJIPURA,VADODARA,,, GUJARAT,-,390,019., , REPRESENTED,BY,ITS,, SPECIAL,POWER,OF,ATTORNEY,, DHALIWAL,GURPREETSINGH,, Digitally S/O,HARNEKSINGH,, sign edtiby0C AGED,ABOUT,33,YEARS,,, HONNUR R/AT,NO.157,,PART,2,, SAB MANIBHAI,PARK,,AJWA,ROAD,,, Location: SAYAJIPURA,VADODARA,, HIGH GUJARAT,-,390,019.,COURT0OF …PETITIONER,KARNATAKA (BY,SRI.,SYED,KHALEEL,PASHA,,ADVOCATE), AND:( ( , THE,STATE,OF,KARNATAKA, KG,HALLI,TRAFFIC,POLICE,STATION,, BENGALURU,,, REP.,BY,PUBLIC,PROSECUTOR., …RESPONDENT, (BY,SRI.,VINAY,MAHADEVAIAH,,HCGP), THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO 1. SET ASIDE THE