IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5625 OF 2017 BETWEEN:
Smt. Eshwaramma, W/o Mylaraiah, Aged about 63 years, Residence of Nandihalli Village, Huliyaru Hobli, Chikkanayakanahalli Taluk, Tumkur Dist – 572214.
(By Sri: Chethan B., Adv) AND:
State of Karnataka Huliyaru Police, Chikkanayakanalli Taluk – 572 214.
Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(By Sri: S. Vishwamurthy, HCGP) ...Petitioner ...Respondent This Crl.P. is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of her arrest in Crime No.30/2017 of Huliyur Police station, Tumakuru, which is registered for the offence P/U/S 379 of IPC and Section 21 (1) of MMRD Act, 1957 and Section 44 of KMMC Rules, 1994.
This Crl.P. coming on for Orders this day, the Court passed the following:
ORDER The petitioner apprehends arrest by respondent police in Crime No.30/2017 registered in respect of offences punishable under Section 379 of IPC, section 21 (1) of MMRD Act, 1957 and section 44 of KMMC Rules, 1994.
2. The allegation is, the Tractor under the ownership of this petitioner was found illegally transporting sand.
3. Learned counsel for the petitioner submits that the driver of the vehicle was subsequently arrested and he was enlarged on bail. This petitioner had no knowledge about the alleged offence. She had not instructed the driver to use the vehicle for illegal purpose.
4. Having regard to the circumstances, the petition is allowed. Petitioner is granted Anticipatory bail in Crime No.30/2017 subject to following conditions:-
i) In the event of her arrest, she shall be released on bail by the respondent Investigating Officer on executing a self bond of Rs.50,000/- with one surety each for the likesome to the satisfaction of the concerned Court..
ii) She shall not deploy her vehicle for illegal purposes.
Sd/- JUDGE MH/-