IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7408/2017 C/W CRIMINAL PETITION NOS.7409/2017, 7410/2017, 7411/2017 & 7412/2017.
Between:
Mr.Anthony Miranada, S/o Late Mouris Miranda, Aged about 68 years, R/at Mattu House, Hosangady Village, Perinje Post, Belthangady Taluk, Dakshin Kannada District – 574 227.
(…Petitioner in all the petitions) (By Smt. Shridevi Bhosale, Advocate for Sri Santhosh, Advocate) And State of Karnataka By Venoor Police Station, Belthangady Circle, D.K.District.
Represented by The State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(…Respondent in all the petitions) (By Sri S.Vishwamurthy, HCGP.) These criminal petitions are filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.76/2016 (C.C.No.104/2017), Cr.No.77/2016 (C.C.No.123/2017), Cr.No.78/2016 (C.C.No.161/2017), Cr.No.79/2016 (C.C.No.122/2017) and Cr.No.81/2016, (C.C.No.103/2017) respectively of Venoor Police Station, D.K.District for the offence p/u/s section 379 of IPC, Rules 3, 36, 42 and 44 of KMMC Rules, 1994 and 21(4), 21(4A), 4 and 4(1A) of MMDR Act, 1957.
These Criminal Petitions coming on for Orders this day, the Court made the following:
C O M M O N O R D E R Since these petitions are filed by the common petitioner and all the above chargesheets are filed by the very same respondent-police on the complaint of the common informant on common allegations, all these petitions are taken up together for consideration.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The FIR No.76/2016 in Crl.P.No.7408/2017, 77/2016 in Crl.P.No.7409/2017 & 78/2016 in Crl.P.No.7410/ 2017 are registered on 07.06.2016, 79/2016 in Crl.P.No.7411/2017 is registered on 08.06.2016 and 81/2016 in Crl.P.No.7412/2017 is registered on 09.06.2016.
4. The common feature in all the cases is, the petitioner is arraigned as accused No.3. The allegation is, the accused were illegally mining the sand from the river bank and stored in their property, etc.
5. Smt.Shridevi Bhosale, learned counsel for the petitioner submits that initially this petitioner was not cited in the FIR and on the statement of the arrested accused No.1 and 2 and on their voluntary statements, he is implicated at the time of submitting chargesheet to the Court. Accused No.4 and co-accused are on bail. He is not a habitual offender. First case was registered by the respondent-police on the very same day. He undertakes to abide by any conditions that may be imposed on him by this Court.
6. Having regard to the nature of the allegation, all the petitions are allowed. The petitioner is enlarged on bail in Crime Nos.76/2016, 77/2016, 78/2016, 79/2016 and 81/2016 respectively registered by the respondent-Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the concerned Court;
(ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall not prevail upon or threaten the prosecution witnesses.
Sd/- JUDGE DL