Hanumanthu VsState Of Telangana

The Criminal Revision Case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'), is filed by the petitioner, aggrieved by the order dated 16.08.2021 passed in Crl.M.P.No.1978 of 2021 in Cr.No.149/2021 (Nampally Police Station, Hyderabad) by the learned XII Additional Chief Metropolitan Magistrate, Hyderabad, wherein the application filed by the petitioner under Section 457 Cr.P.C seeking interim custody of the Bolero Pik Up FB PS 1.5T vehicle bearing registration No.KA 32 C 9617, to the petitioner, was dismissed.

Heard the learned counsel for the petitioner, learned Assistant Public Prosecutor for the respondent No.1/State and perused the record.

As seen from the material placed on record, the photocopy of the Registration Certificate (R.C.) filed before this Court reveals that the petitioner is the owner of the Bolero Pik Up FB PS 1.5T vehicle bearing registration No.KA 32 C 9617. In this case, accused, who is the driver of the subject vehicle, is facing prosecution for the offences under Sections 304A, 337 and 279 IPC. The petitioner is not an accused in the subject criminal case. Moreover, there is no dispute that the vehicle in question does not belong to the petitioner. It is brought to the notice of this Court that original R.C of the subject vehicle was deposited before the trial Court. If the subject vehicle is kept unused with the respondent No.1, it will be completely damaged and it would jeopardise the interest of the petitioner. Under these circumstances, the petitioner is entitled for interim custody of the subject vehicle i.e, Bolero Pik Up FB PS 1.5T bearing registration No.KA 32 C 9617 subject to fulfilling certain terms and conditions.

Accordingly, this Criminal Revision Case is allowed and the impugned order dated 16.08.2021 passed in Crl.M.P.No.1978 of 2021 in Cr.No.149/2021 (Nampally Police Station, Hyderabad) by the learned XII Additional Chief Metropolitan Magistrate, Hyderabad, is set aside and the interim custody of the vehicle i.e, Bolero Pik Up FB PS 1.5T bearing registration No.KA 32 C 9617 is ordered to be given to the petitioner subject to his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for a like sum to the satisfaction of the trial Court. On entrustment of interim custody of the subject vehicle, the petitioner shall not alienate or transfer the subject vehicle in any manner and shall maintain it in the same good and road worthy condition, without changing any of its features and major parts and should produce it along with its vehicular documents at a specified place or before a specified authority during the course of investigation or as and when directed by the trial Court and cooperate with the investigating agency.

Miscellaneous Petitions, if any, pending in this Criminal Revision Case shall stand closed