IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.8151/2018 BETWEEN:
H.B. JAGADEESH S/O. LATE R. BASAPPA AGED ABOUT 38 YEARS R/O. HANDECHIKKANAHALLI VILLAGE KUNTEGOWDANAHALLI POST KALLAMBELLA HOBLI SIRA TALUK TUMKUR DISTRICT PIN CODE 572 125 … PETITIONER [BY SRI. M. SHASHIDHARA, ADVOCATE] AND:
STATE OF KARNATAKA BY KALLAMBELLA P.S., TUMAKURU REP. BY SPP, HIGH COURT BUILDING BANGALORE – 560 001 … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.220/2018 OF KALLAMBELLA POLICE STATION, TUMKURU DISTRICT, FOR THE OFFENCES P/U/S. 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Kallambella Police have registered Crime No.220/2018 against the driver and owner of tractor bearing engine No.RCKW-00407 and trailer without registration number for the offence punishable under section 379 of IPC.
2. It is alleged that on 22.09.2018 at 4.30 am, the driver of the said tractor and trailer with the permission of its owner, was illegally mining the sand near Handechikkanahalli village and loading the same to the said tractor and trailer. It is alleged that the said tractor and trailer and sand were seized under the mahazar.
3. The petitioner is son of registered owner of the tractor and trailer and therefore he apprehends arrest in the said case. Learned counsel for the petitioner submits that the offence is triable by the Magistrate and all incriminating material is seized. Therefore, the petitioner be granted bail.
4. Learned Government Pleader submits that the petitioner is a habitual offender and he is involved in five other similar cases. Learned counsel for the petitioner submits that the petitioner was granted bail in all five cases.
5. The petitioner does not dispute that he was possessing and operating the tractor and trailer involved in the case. He also does not dispute that the respondent-police have registered Crime Nos.220/2014, 6/2016, 133/2016, 225/2016 and 40/2017 against him for the similar offences. Under these circumstances, though the offences are triable by the Magistrate and not punishable with death or imprisonment for life, having regard to the fact that the petitioner was involved in five other cases for the similar offence which has the adverse impact on the ecology, it is not a fit case to grant anticipatory bail.
Therefore, the petition is dismissed.
Sd/- JUDGE AN/-