1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K. S. MUDAGAL CRIMINAL PETITION NO.8482/2018 BETWEEN:
MR.GANGARAJU AGED ABOUT 72 YEARS, S/O KEMPAIAH, R/O BIDARAKATTE VILLAGE, SASALU POST, GULURU HOBLI, TUMKUR TALUK, TUMKUR DISTRICT, KARNATAKA-572 122 ...PETITIONER (BY SMT.CHAMPA SHREE R., ADVOCATE FOR SMT.GEETHA RAJ, ADVOCATE) AND:
THE STATE OF KARNATAKA BY HEBBURU POLICE STATION, REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME 2 NO.177/2018 OF HEBBUR 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 The petitioner is the registered owner of tractor and trailer bearing Nos.KA-06-TC-0939 and KA-06-TC- 0940. Hebbur Police have registered Crime No.177/2018 against A1 to A4 named therein, for the offence punishable under Section 379 of IPC on the complaint given by Shrikanth S., PSI of Hebbur police Station.
2. It is alleged that on 16.09.2018 at about 3.00 pm., accused Nos.1 to 4 were illegally transporting stolen sand in tractor and trailer bearing registration Nos. KA-06-TC-0939, KA-06-TC-0940, KA-06-TB-8822 and another trailer which had no registration number. It is alleged that the sand and the vehicles were seized. The interrogation of accused Nos.1 and 2, revealed that 3 they were transporting the sand on the direction of the owners of tractor and trailer.
3. Though, they named accused Nos.3 and 4 as the owners of the tractor and trailer, the registered owner of one of the vehicle amongst them is the petitioner. Therefore, he apprehends arrest in the said case and seeking anticipatory bail.
4. The subject matter of the crime is already seized. As per the alleged confessional statement of accused Nos.1 and 2, accused Nos.3 and 4 had directed them to transport the said sand. The offence is triable by the Magistrate. The petitioner is 72 years. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, petition is allowed.
5. The petitioner is granted anticipatory bail in Crime No.177/2018 of Hebbur Police Station, subject to the following conditions:
4 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/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration and disposed of accordingly.
Sd/- JUDGE PB