IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.8386/2018 BETWEEN:
Smt.Chandramma, W/o Kalleningappa;, Aged about 65 years, Owner Tractor-Trailer No.KA-18-TA-5913 R/o Lakkihalli Village, Hosadurga Taluk, Chitradurg District -577527.
(By Sri. Rajakumar C, Advocate) AND:
State by Hosadurga Police, Chitradurga District – 577527, Reptd. by State Public Prosecutor, High Court Complex, Bengaluru – 560001.
(By Smt. Namitha Mahesh, B.G., HCGP) …Petitioner ..Respondent.
This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of her arrest in Crime No.405/2018 registered by Hosadurga Police Station, Chitradurga for the offence punishable under Section. 379 r/w 34 of IPC.
This petition coming on for orders this day, the Court made the following;
ORDER Hosadurga police have registered Crime No.405/2018 against the owner of tractor bearing No.KA -18-TA-5913 for the offence punishable under Section.379 read with 34 of IPC.
2. It is alleged that on 01/10/2018 at 9.00 p.m., on the basis of complaint of one Kaviraj, the Tahsildar of Hosadurga, intercepted the aforesaid tractor and found that it was transporting sand with a permit for duration of 15 hours. The distance to be traversed was for a duration of 7 hours. It is alleged that with the aid of such permit, the petitioner with other accused persons were attempting to transport the sand in multiple trips.
3. Petitioner is owner of the aforesaid tractor. The offence alleged is though non-bailable, carries punishment of imprisonment up to 3 years. The permit was issued by the Government authorities themselves and they are not made accused in the said case.
4. The incriminating material is already seized.
Petitioner is 65 year old woman. Under these circumstances, it is a fit case to grant bail with suitable conditions.
5. The petition is allowed. Petitioner is granted anticipatory bail in the event of her arrest in Cr.No. 405/2018 of Hosadurga Police, subject to the following conditions;
i) She shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii) She shall execute personal bond in a sum of Rs.25,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for her appearance.
iii) She shall appear before Investigating Officer/Court as and when required for the purpose of investigation/trial.
iv) She shall not tamper the witnesses in any manner.
Msu Sd/- JUDGE