IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.754/2019 BETWEEN :
Arul Kumar E., S/o Eshwara Murthy Aged about 31 years R/at. NO.2/14, Nalligowndanapalyam Kuruchi Post, Uttukulli Taluk Thiruppuru District Tamil Nadu State-638 110.
… Petitioner (By Sri Ramakrishne Gowda H.R., Advocate) AND :
State of Karnataka by Melukote Police Station Pandavapura Taluk, Mandya District-571 434 Represented by Special Public Prosecutor High Court of Karnataka, Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.124/2018 of Melukote Police Station, Mandya District, for the offences punishable under Sections 4(1), 4(1A), 21 and 22 of Mines and Minerals Development and Regulation Act and Section 511 of IPC and under Sections 3 and 5 of Explosive Substances Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.6 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in the event of his arrest in Crime No.124/2018 of Melukote Police Station for the offences punishable under Sections 3 and 5 of Explosive Substances Act and Sections 4(1), 4(1A), 22 and 21 of MMDR Act r/w. Section 511 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that when the respondent-police were on patrolling duty on 7.7.2018 at about 4.00 p.m., they received the information that in the land bearing Sy.No.220 of Halebeedu Village the accused were illegally doing the stone quarry business. The complainant along with panch witnesses and staff went to the spot and noticed that some persons were illegally blasting the stones by using the explosive substance materials and compressor tractor and transporting the stones without any valid license. Immediately three persons were arrested and the other persons ran away from the spot. They have also seized JCB, tractor and trailor, compressor tractor etc. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent and he has not been involved in the alleged crime. He has been falsely implicated only at the instigation of other persons. He further submitted that already other accused persons have been released on bail and on the ground of parity, the petitioner is also entitled to be released on bail. He further submitted that the alleged offences are not punishable with death or imprisonment for life. The petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on anticipatory bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner along with other accused persons has been involved in illegal act of blasting the stones by using the explosive substances and thereby he has violated the law. The petitioner has been involved in a serious offence which is going to affect ecology of this country. Petitioner is absconding and he is not available for the purpose of investigation and interrogation. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint it would disclose that there are several allegations made as against the petitioner that the petitioner along with other accused persons has been involved in illegally blasting the stones by using explosive substances and transporting them, that is a matter which has to be considered and appreciated only at the time of trial. Already accused Nos.1 to 5 have been released on bail under the similar facts and circumstances. On the ground of parity, petitioner-accused No.6 is also entitled to be released on bail. The alleged offences are not punishable with death or imprisonment for life and they are triable by the magistrate Court. In that light, the petitioner may be shown leniency.
Accordingly, the petition is allowed and the petitioner-accused No.6 is granted anticipatory bail. In the event of his arrest in Crime No.124/2018 of Melukote Police Station for the offences punishable under Sections 3 and 5 of Explosive Substances Act and Sections 4(1), 4(1A), 22 and 21 of MMDR Act r/w. Section 511 of IPC, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall co-operate with the Investigation as and when required.
iv) He shall not tamper with the prosecution evidence in any manner.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
vi) He shall mark his attendance once in fifteen days before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
*ck/-
Sd/- JUDGE