I IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 14th DAY OF JUNE 2011 BEFORE THE HON’BLE MR.JUSTICE A.S.PACHHAPURE CRIMINAL PETITION NO.10586/2011 BETWEEN: Shri. G.Suresh S/. K.Gopal, Age: Major, 0cc: Business, R/o.No.-67/366, Kaliyanmman, Kovil, East Street, Maniyamor, Salem, Tamil-Nadu. ... PETITIONER [By Sri.Neelendra D. Gunde, ADV.,) AND: The State of Karnataka, Yamakanamaradi Police Station, Rep. by State Public Prosecutor, High Court Building, Dharwad. RESPONDENT (By Sri. Vinayak S. Kulkarni, HCGP.,) This Criminal Petition is filed under Section 482 read with 457 Cr.P.C. seeking to quash the order dated. 08.04.2011 passed by the JMFC Sankeshwar in Crime No.28/2011 of Yamakanmardi P.S., thereby rejecting the application filed by the petitioner under Section 457 of Cr.P.C. and order for release of articles of PP No.19 to 60 and 61 to 63 pending in Crime No.28/2011 of Yamakanmardi P.S., in favour of the petitioner. This petition coming on for orders this day, the court made the following: ORDER The petitioner had approached this court in Criminal Petition No.10586/2011 for interim custody of silver bricks and ornaments mentioned at serial No.19 to 63 of the panchanama drawn in the case and this court passed an order to return the said bricks and ornaments subject to the condition, that petitioner shall furnish bank guarantee equal to the value of the silver bricks and ornaments to be returned, and the petitioner was to undertake to produce the silver bricks, if necessary before the court as and when called upon to do so. 2. The petitioner has sought relaxation of the condition on the ground that the value of silver bricks and ornaments is more than 3 Rs.55,00000/-. He is a businessman in the manufacture of silver ornaments and he has no capacity to deposit that much of money in the bank to offer bank guarantee. In these circumstances, he has sought for relaxation of the condition to offer the bank guarantee and to permit him to seek to return of the silver bricks and ornaments on furnishing security with a surety bond. 3. The learned High Court Government Pleader has opposed the application. 4. This court while passing the order granted liberty to seek the modification of the order. Therefore, considering the incapacity of the petitioner to arrange bank guarantee for Rs.55,00,000/-, it is in the interest of justice that the condition has to be modified, directing the petitioner to offer a security bond with a surety and the photographs of the silver bricks and ornaments shall be taken at the cost of the 4 petitioner. In that view of the matter, the petition is allowed. 5. The condition to furnish bank guarantee equal to the value of the silver bricks and ornaments is modified. The petitioner is directed to offer security bond for Rs.35,00,000/- with one surety for the like sum to the satisfaction of J.M.F.C. and shall at his costs take the photographs of the silver bricks and ornaments for the retention of the same in the records and he is at liberty to take interim custody of the silver bricks and ornaments, subject to the conditions stated supra. Misc.Crl.15970/2011 for relaxation is accordingly allowed. sd/a JUDGE Rms/