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2002 Supreme(Kar) 362

K.SREEDHAR RAO
K. W. GANAPATHY – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
N.RAVINDRANATH KAMATH, S.G.RAJENDRA REDDY

K. SREEDHAR RAO, J.

( 1 ) GOVERNMENT Advocate takes notice for the State.

( 2 ) THE petitioner is the owner of a Zen car bearing No. KA-12-N-4699. The said car was stolen by the accused. On a complaint the police have registered a case and laid a charge-sheet in C. C. No. 269/2000 on the file of the Prl. JMFC, Virajpet. The prosecution version supports the contention of the petitioner that he is the owner of the car and was the subject matter of theft. The case is pending trial. The interim custody of the car was given to the petitioner under Section 457, Cr. P. C. by the JMFC, on certain conditions. The chief condition being that the petitioner shall keep the car in his custody intact and shall not alienate until the disposal of the case. After taking interim custody, the petitioner made another application before the JMFC submitting that the petitioner has taken finance from the Co-operative Bank while purchasing the car, the interest liability is mounting up and he is unable to make arrangements for repayment of the loan. Therefore, intends to sell the car for repaying the debt liability to the bank. In that connection, sought permission of the Court to permit him to sell the car












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