MOHAMED SAJID MOHAMED Vs. STATE BY K.R. PETE RURAL POLICE MANDYA DISTRICT KARNATAKA STATE

JUDGEMENT

(1.) THIS petition is filed seeking to modify the order dated 22.03.2011 passed by Fast Track Court, Srirangapatna in Crl.R.P.No. 276/2010 in which the learned Fast Track Court has allowed the application Shed by the petitioner for release of vehicle bearing Registration No. RJ -11 -GA -3572 involved in Crime. No. 279/2010 of K.R. Pete Rural Police Station registered for the offences punishable U/s 406, 407, 420 r/w Sec 34 of IPC.

(2.) IT is case of the prosecution that, petitioner is the RC owner of the aforesaid vehicle and that the vehicle was brought to Mandya for the purpose of loading pulses and after loading the pulses worth Rs,4,97,150/ -, the said vehicle was missing and the property namely pulses were sold at some other place. Thereafter, owner and driver of the vehicle were absconding. The said vehicle was later on seized in Gujrath by the police, on registration of the case. Thereafter, petitioner filed an application for release of the vehicle before the Civil Judge (Junior Division) and J.M.F.C., K.R. Pete. The learned Magistrate after hearing parties rejected the said application for return of the property by on order dated 21.10.2010 on the ground that, petitioner himself has been arraigned as Accused No. 2. The petitioner along with driver Kalyan who to shown as Accused No. 1 had misappropriated pulses worth Rs. 4,97, 150/ -. Even before the said crime was committed, he has Sled a complaint before the Gujrath police showing that, documents of the vehicle were lost and he had obtained the duplicate copy of the RC book and aha obtained other documents of the vehicle. By misusing the duplicate documents and by changing the number plate, vehicle was loaded with pulses and the said pulses were sold to some other places.

(3.) I have heard Sri. Satish Kumar, learned counsel for the petitioner and Sri. Satish R. Giriji, learned HCGP for the State/ Respondent.