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.5767 OF 2017 BETWEEN:
J.V. Harish @ Babu, S/o Venkataswamy. J.N, Aged about 35 years, Haragadde Village, Jigani Hobli, Anekal Taluk, Bengaluru District.
(R.C. Owner of the Vehicle Lorry Bearing No.KA-51-D-7151) …Petitioner (By Jagadeesh. M.L, Advocate) AND:
State by Kunigal Police Kunigal Police Station, Kunigal Taluk, Tumakuru District-572 111.
Rep. By SPP, High Court of Karnataka, Bengaluru-560 001. …Respondent (By Sri. S. Vishwamurthy, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.360/2017 of Kunigal Police Station, Tumakuru for the offence P/U/S 379 of IPC and Sec.21(1) of M.M.R.D Act.
This criminal petition coming on for Orders, this day, the Court made the following:-
ORDER The petitioner apprehends arrest in Crime No.360/2017 for the offences punishable under Section 379 of IPC and Section 21(1) of Mines and Minerals (Regulation of Development) Act 1957.
2. The allegation is, the lorry bearing registration No. KA 51-B-7151 was checked on 25.06.2017 and was found illegally transporting sand. The lorry was seized, driver of the lorry was arrested and subsequently, he was released on bail.
3. Learned counsel for the petitioner submits that petitioner has no knowledge about the alleged offence and he had not instructed his driver to use the vehicle for illegal purpose.
4. In the light of the above, petition is allowed. Petitioner is granted anticipatory in Crime No.360/2017 registered by respondent-Police. In the event of his arrest in respect of above case, he shall be released on bail by executing self bond for a sum of Rs.50,000/- with one local surety for the likesum of the satisfaction of concerned Court. He shall not use his vehicle for any illegal purpose.
Sd/- JUDGE SB