IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.6076/2017 BETWEEN:
1. Javara @ Javara Bhovi S/o Lakkabhovi Aged about 32 years 2. Devaraj S/o Kalarasegowda Aged about 35 years Both are R/at Kattepura Village Konanur Hobli Arakalgud Taluk Hassan District-573 130. ..PETITIONERS (By Sri Mohan Kumar D, Adv.) AND:
The State of Karnataka By Konanur Police Station Arakalgud Taluk Hassan District.
Represented by the State Public Prosecutor High Court Complex Bangalore-560 001. .. RESPONDENT (By Sri K Nageshwarappa, HCGP) This criminal petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr. No.75/2017 of Konanur P.S., Hassan for the offences punishable under Sections 379 of IPC and Section 4(1A) and 21 of M.M.R.D. Act and Rule 42 and 44 of K.M.M.C. Rules.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioners-accused Nos.3 and 4 under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of their arrest, they be released on bail for the offences punishable under Sections 379 of IPC and Section 4(1A) and 21 of M.M.R.D. Act and Rule 42 and 44 of K.M.M.C. Rules registered in respondent Police Station Crime No.75/2017.
2. The case of prosecution is that on 19.03.2017 at about 05.30 a.m., when the complainant returned to police station, received credible information about transportation of sand mine by persons on Kattepura Nala Area. As such, he immediately rushed to the said place along with his police men, where he found tractor and trailer loaded with sand mine bearing No.KA-45 T-7549 T- 7550. Further, he could able to apprehend two persons and the remaining two ran away from the spot. On enquiring the apprehended persons, they told the names of the present petitioners. On the basis of the said complaint, the case came to be registered by the respondent police.
3. I have heard the learned Counsel appearing for the petitioners-accused Nos.3 and 4 and the learned High Court Government Pleader appearing for the respondent- State.
4. I have perused the averments made in the bail petition, FIR, complaint and the other materials on record. I have also perused the order passed by the lower court on the bail application.
5. Looking to the materials placed on record, it goes to show that on the basis of information given by accused Nos.1 and 2 who were said to have been apprehended by the police at the spot, the petitioners were arrayed as accused Nos.3 and 4. The petitioners have contended that they are innocent and they have been falsely implicated in the case. They have undertaken that they are ready to abide by any condition that may be imposed by this Court. The materials go to show that the vehicle as well as the sand alleged to have been loaded in the said vehicle for transportation has already been seized by the police in the presence of panch witnesses. The offences are exclusively triable by the Court of Magistrate.
6. Hence, the petition is allowed. The respondent- police are directed to enlarge the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 4(1A), 21 of MMRD Act and Rule 42, 44 of KMMC Rules and Section 420, 379 of IPC registered in respondent Police Station Crime No.183/2016, subject to the following conditions:
i. Each Petitioner shall execute a personal bond for a sum of Rs.50,000/- and have to furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners shall make themselves available before the Investigating Officer for interrogation as and when called for and to cooperate with the further investigation.
iv. Petitioners shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE Cs/-