THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA Criminal Petition No. 7524/2017 BETWEEN:
1. Dhananjaya S/o Ramadas Aged about 35 years, R/at Hujenahali Village, Kudur Hobli, Magadi Taluk.
2. Mohan Kumar S/o Thirumalaiah, Aged about 22 years, R/at Byalakere Vilalge, Kudur Hobli, Magadi Taluk.
3. Chikkanna S/o. Govindappa Aged about 32 years, R/at Hujenahali Village, Kudur Hoblic, Magadi Taluk.
4. Suryakumar @ Surikumar Aged about 25 years, R/at Siddaiahnapalya Village, Kudur Hobli, Magadi Taluk.
(By Sri. Ram Singh K, Advoate) …Petitioners AND:
State of Karnataka by Kudur Police Station, Magadi Taluk, Ramanagara District, Rep. by Government Pleader High Court of Karnataka, Bengaluru – 01.
(By Sri S. Vishwamurthy, HCGP) …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.385/2017 of Kudur Police Station, Ramanagara for the offences p/u/s 379, 447 and 353 r/w of IPC and Sections 42, 4(1A) and 44(1) of M.M.R.D. Act and Rule 3(1) of K.M.M.C. Rule.
This Criminal Petition coming on for Orders this day, the Court made the following:
Order Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent.
2. The petitioners are in custody in Crime No.
385/2017 registered by the respondent police in respect of the offences punishable under Sections 3(1) of KMMCR Act and Sections 42, 4(1A), 44(1) of MMRD Act, 1957 and Sections 379, 447, 353 r/w 34 of IPC.
3. The allegation is, the accused Nos.1 to 4 indulged in filtering the sand illegally from the tank bund area. The Investigating Officer raided the spot, seized the Tractor and Trailer from the spot.
Having regard to the nature of the allegation, there is no impediment to allow the petition. Accordingly, the petition is allowed. The petitioners are enlarged on bail in respect of Crime No.385/2017 registered by the respondent-Police Station on each executing a self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Court and they shall not indulge in similar activities.
In view of the disposal of the main petition, I.A.1/2017 does not survive for consideration.
Accordingly, I.A.1/2017 stands disposed of.
Sd/- Judge Mkm/-