IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.282/2019 BETWEEN :
Cheppudira Natesh @ Natesh C.T. S/o Thimmaiah Aged about 53 years R/o Mathur Village, Ponnampet, Virajpet Taluk Kodagu District-571 216.
(By Sri K.R. Keshavamurthy, Advocate) AND :
State by Ponnampet Police Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Sri M. Divakar Maddur, 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 his arrest in Crime No.156/2018 of Ponnampet Police Station, Kodagu, for the offences 4, 21 of MMRD Act and Section 3 of Explosive Substances Act, 1908.
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.1 under Section 438 of Cr.P.C. praying to grant him anticipatory bail in Crime No.156/2018 of Ponnampet Police Station for the offences punishable under Sections 4, 21 of MMDR Act and Section 3 of Explosive Substances Act.
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 on 5.12.2018 at about 5.30 p.m., police received a credible information about the unlawful activities carried in the coffee estate of the petitioner. The Inspector of Police, along with his staff visited the coffee estate of the petitioner-accused No.1 and there in the middle of his estate they noticed unlawful quarrying of granite and he also noticed detonators, wires meant for explosion, a crow bar and other materials. The said articles were seized by drawing a mahazar and a case has been registered.
4. It is the submissions of the learned counsel for the petitioner that the said coffee estate is not standing in the name of the petitioner. He is having coffee estate at Mathur and there is no necessity of he being involved in the said offence. He further submitted that the Police Inspector after receiving the credible information without following the provisions of Section 154 of Cr.P.C. and without registering the said information went to the spot and after conducting the investigation and mahazar came back and registered the case and as such the said case hit by the proposition of law laid down by the Hon’ble Apex Court in the case of Lalita Kumari Vs. Government of U.P. & others reported in AIR 2014 SC 187. He further submitted that the alleged offences are not punishable with death or imprisonment for life and the petitioner is ready to cooperate with the investigation and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner is absconding since from the date of the registration of the case and he was carrying the quarrying business in the other estate. The Investigating Officer has seized the quarrying materials by drawing a mahazar. There is prima facie material to show that the petitioner has been involved in the alleged crime. He further submitted that at this juncture if the petitioner is enlarged on bail, he may tamper with the investigation, he may abscond and may not be available for trial. 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 indicate that the said quarrying work was being done in the coffee estate of Kiraguru Village. But the coffee estate of the petitioner is situated at Mathur in Ponnampet as per Annexures-E and F. It is the specific contention of the petitioner-accused No.1 that the said estate is not connected to him in any manner and a false case has been registered. Whether the petitioner was doing quarrying work illegally or legally which has to be considered and appreciated only at the time of trial. At this premature stage, it is not just and proper to express anything on merits of the case. The alleged offences are not punishable with death or imprisonment for life. It is submitted by the learned counsel for the petitioner that the petitioner is ready to co-operate with the investigation and ready to offer sureties. Under the said facts and circumstances of the case, I feel that by imposing some stringent conditions if the petitioner is ordered to be released on anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused No.1-petitioner herein is granted anticipatory bail. In the event of his arrest in Crime No. Crime No.156/2018 of Ponnampet Police Station for the offences punishable under Sections 4, 21 MMDR Act and Section 3 of Explosive Substances Act, 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 not tamper with the prosecution evidence directly or indirectly.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
v) He shall be available for the purpose of interrogation or investigation.
vi) He shall mark his attendance once in fifteen days between 10.00 a.m. and 5.00 p.m. before the jurisdictional police till the charge sheet is filed.
Sd/- JUDGE *ck/-