IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5138/2017 BETWEEN CHANDRASHEKAR K. S/O. KRISHNAPPA, AGED ABOUT 58 YEARS, R/O. KATTAYA VILLAGE & POST, HASSAN TALUK, HASSAN DIST. – 573 201.
(BY SRI.RAVIKUMAR N.R. ADV.,) AND STATE BY GORUR POLICE HASSAN TALUK, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01.
(BY SRI.CHETAN DESAI, HCGP.,) ... PETITIONER ... RESPONDENT THIS 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.91/2017 OF GORURU POLICE STATION, HASSAN, WHICH IS REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 4(1), 4(1A) OF MMRD ACT, 1957, SEC 42, 3(1) OF KMMC RULES, 1994 AND SECTION 379 AND 420 R/w 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends arrest in respect of the offences punishable under Sections 4(1), 4(1A) of MMRD Act, 1957, Section 42, 3(1) of KMMC Rules, 1994 and Section 379 and 420 R/w 34 OF IPC.
3. The allegation is, the petitioner procured raw materials for his crusher without obtaining permit from the authorities.
4. Sri.Ravikumar N.R., learned counsel for the petitioner submits that petitioner has a licence to run his crusher. He procured the raw materials through the persons holding licence for transportation of the raw materials. If anticipatory bail is granted, he will appear before the Investigating Officer and convince his innocence.
5. In the light of the above, the petition is allowed.
Petitioner is granted anticipatory bail in Crime No.91/2017 registered by the respondent Police, subject to following conditions:
i) He shall forthwith appear before the respondent-Investigating Officer.
ii) In the event of his arrest by the respondent Investigating Officer, he shall be released on bail on executing self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum.
iii) He shall co-operate during the course of investigation.
Sd/- JUDGE BS