IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8340 OF 2018 BETWEEN:
D.SANNAMAREGOWDA S/O DODDAMAREGOWDA AGED ABOUT 52 YEARS R/O 5/7, BOMMAGUNDANAHALLI VILLAGE ROLLA MANDAL, ANANTHAPURA DISTRICT – 515 321 A.P. STATE ...PETITIONER (BY SRI M.SHASHIDHARA, ADV.) AND STATE OF KARNATAKA BY PATTANAYAKANAHALLI P.S., REPRESENTED BY S.P.P.
HIGH COURT BUILDING BANGALORE – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) ****** 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.88/2018 OF PATANAYAKANAHALLI POLICE STATION, TUMAKURU DISTRICT FOR THE OFFENCE P/U/S 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Patanayakanahalli Police, Tumakuru District have registered Crime No.88/2018 for the offence punishable under Section 379 of IPC against the driver and owner of Massy Ferguson 241 D1 Tractor and Trailor, on the basis of the complaint of Police Sub-Inspector of Patanayakanahalli Police Station.
2. It is alleged that on 12.10.2018 at 9.30 a.m., the driver and owner of the aforesaid Tractor and Trailor were smuggling stolen sand and Police caught the vehicle near Shanimahatma Temple, Gopikunte road. The crew of the vehicle on seeing the Police escaped. It is alleged that the vehicle and sand were seized under the mahazar.
3. Petitioner claims to be the owner of the vehicle and apprehends his arrest in the said case. The offence alleged carries punishment of imprisonment upto three years and triable by the Magistrate. The subject matter of the offence viz., the Tractor and Trailor and the sand are already seized.
4. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.88/2018 of Patanayakanahalli Police Station, Tumakuru District. If he is arrested in the said case, he shall be released on bail subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE KNM/-