<p>The Karnataka High Court has ordered the release of the vehicles seized in a criminal case, citing a Supreme Court judgement that vehicles, seized by police during the investigation, should not be allowed to remain idle in front of the police stations.</p>.<p>The petition was filed by three persons, two from Bengaluru and one from Andhra Pradesh, challenging the order passed by an Additional City Civil and Sessions Court rejecting their applications.</p>.<p>The petitioners had filed an application under CrPC sections 451 and 457 seeking the release of a car, a bike and an autorickshaw. The application was rejected for the purpose of identification.</p>.<p>Justice K Natarajan noted that as per the judgement of the Apex Court in the Sunderbhai Ambalal Desai case, the vehicles should not be allowed to lie idle in front of the police station. The court noted that though petitioners had not moved any application after the vehicles were seized in 2021, they are only RC owners and not the accused before the trial court. The vehicles were used by the accused during the commission of the offence.</p>.<p>The bench observed that the magistrate or the concerned court shall dispose of the application for releasing the vehicles to the RC owners, by imposing certain conditions.</p>.<p>“Such being the case, the trial court rejecting the application for releasing the vehicle is not correct and if the vehicles are allowed to lie in front of the police station, there may be wear and tear and it cannot be possible for the police to bring the vehicles to the court for the purpose of identification. The Honourable Supreme Court has also laid down the guidelines for taking photographs of the vehicles with the panchnama by the investigation officer while releasing the vehicle,” the court said. </p>.<p>The bench directed the City Civil and Sessions Court, Bengaluru, to release the vehicles by taking an indemnity bond from the petitioners along with surety, like sum to its satisfaction.</p>.<p>The investigation officer has been directed to release the vehicles after taking out their photographs from different angles along with the panchnama and produce the same before the trial court for the purpose of identification.</p>
<p>The Karnataka High Court has ordered the release of the vehicles seized in a criminal case, citing a Supreme Court judgement that vehicles, seized by police during the investigation, should not be allowed to remain idle in front of the police stations.</p>.<p>The petition was filed by three persons, two from Bengaluru and one from Andhra Pradesh, challenging the order passed by an Additional City Civil and Sessions Court rejecting their applications.</p>.<p>The petitioners had filed an application under CrPC sections 451 and 457 seeking the release of a car, a bike and an autorickshaw. The application was rejected for the purpose of identification.</p>.<p>Justice K Natarajan noted that as per the judgement of the Apex Court in the Sunderbhai Ambalal Desai case, the vehicles should not be allowed to lie idle in front of the police station. The court noted that though petitioners had not moved any application after the vehicles were seized in 2021, they are only RC owners and not the accused before the trial court. The vehicles were used by the accused during the commission of the offence.</p>.<p>The bench observed that the magistrate or the concerned court shall dispose of the application for releasing the vehicles to the RC owners, by imposing certain conditions.</p>.<p>“Such being the case, the trial court rejecting the application for releasing the vehicle is not correct and if the vehicles are allowed to lie in front of the police station, there may be wear and tear and it cannot be possible for the police to bring the vehicles to the court for the purpose of identification. The Honourable Supreme Court has also laid down the guidelines for taking photographs of the vehicles with the panchnama by the investigation officer while releasing the vehicle,” the court said. </p>.<p>The bench directed the City Civil and Sessions Court, Bengaluru, to release the vehicles by taking an indemnity bond from the petitioners along with surety, like sum to its satisfaction.</p>.<p>The investigation officer has been directed to release the vehicles after taking out their photographs from different angles along with the panchnama and produce the same before the trial court for the purpose of identification.</p>