IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9031/2017 BETWEEN:
Damodara B S/o Venkateshulu Aged about 30 years No.9 @ 66, P Kottapalli Village Athmakur Mandal Ananthapur District-515 751 Andhra Pradesh. ... PETITIONER (By Sri Karthik Yadav V, Adv. a/w Sri Venkata Reddy S K, Adv.) AND:
State of Karnataka By Tirumani Police Tirumani, Tumakuru District-572 136. Represented by the State Public Prosecutor High Court of Karnataka Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.68/2017 of Thirumani P.S., Tumakuru for the offences P/U/S 379 of IPC and Rule 44 of Karnataka Minor Mineral Concession Rule, 1994 and Section 4(1), 4(1A) and 21 of Mines and Minerals (Development and Regulation) Act, 1957.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 4(1), 4(1A) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 44 of the Karnataka Minor Mineral Concession Rules 1994 and Section 379 of IPC registered in respondent – police station Crime No.68/2017.
2. Brief facts of the prosecution case as per the complaint averments are, the petitioner found transporting the sand loaded in the Tractor-Trailer and he was proceeding from Vadrevu. On questioning him, it was found that there was no licence or permit to transport the sand. The Tractor-Trailer along with loaded sand are already seized in the presence of panch witnesses.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
4. The material has been already seized at the spot itself on the date of alleged incident. Nothing further is to be seized from the possession of the petitioner. From the date of arrest petitioner is in custody. The petitioner has contended in the petition that he is innocent and not committed the alleged offences and he has undertaken to abide by any reasonable conditions to be imposed by this Court. The alleged offences are triable by the Magistrate Court. Hence, I am of the opinion that petitioner can be granted with bail.
5. Accordingly, petition is allowed.
Petitioner/accused No.1 is ordered to be released on bail for the offences punishable under Sections 4(1), 4(1A) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 44 of the Karnataka Minor Mineral Concession Rules 1994 and Section 379 of IPC registered in respondent – police station Crime No.68/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp