IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.7298 OF 2017 BETWEEN:
1. Jayakumar S/o Late Bheemraj Aged about 35 years R/at Nagajjigudlu Village Changavara Road, Sira Town Sira Taluk, Tumkuru District – 572 137 (R.C.Owner of the vehicle Tractor/trailer Bearing No.AP-04-TT-2742 Temp.
Registered NO. of Trailer KA-64-TX000064/2017-18) 2. Santhosh Naik S/o Krishnanaik Aged about 27 years R/at Huildore Village Sira Taluk Tumkuru District – 572 137 (Driver of the vehicle Tractor/trailer Bearing No.AP-04-TT-2742 Temp.
Registered NO. of Trailer KA-64-TX000064/2017-18) (By Sri. Kumara K.G., Adv) AND:
State of Karnataka By Tavarekere Police Station Tumkur District Represented by SPP, High Court Building Bangalore – 560 001 ... Petitioners … Respondent (By Sri. K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in Cr.No.308 /2017 of Madivala P.S., Mysore District for the Offence P/U/S 3, 4, 5, 6,7 of I.T.P. Act and Sec.370 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
O R D E R This petition is filed by petitioners-accused Nos. 1 and 2 filed under Section 438 of the CR.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioners on bail in the event of arrest of the petitioners for the alleged offence punishable under Section 379 of IPC and Section 21(1). 21(2) and 21(4A) of Mines and Minerals Regulation of development Act, 1957 and Rule 42, 44 of Karnataka Miner Mineral Concession Rules, 1994 registered in the respondent police station crime No. 104/2017.
2. Brief facts of the prosecution as per the complaint averments, that on 17.07.2017, at 5.00 PM P.S.I, Tavarekere Police Station received credible information that from the Government Nala in Bidarakere, sand is being loaded and transporting illegally in the tractor-trailer. Then the P.S.I. instructed the complainant to go to the spot and seize the tractors. Immediately the complainant went to the spot along with staff members at 5.30 PM, then on seeing the police officials, the persons who were loading the sand in the tractor-trailer, fled away from the spot by leaving behind the sand and vehicles. The tractor bearing No. AP-04-TT-2742 and the trailer was not displaying any registration number were brought to the police station and on the basis of the complaint, case came to be registered for the said offences in the respondent-police station.
3. Heard the arguments of the learned counsel for the petitioners and also the learned HCGP for the respondent – state.
4. I have perused the grounds urged in the bail petition, FIR, complaint and order of the learned Sessions Judge rejecting the bail application of the present petitioners.
5. Though it is the allegation of the complainant in the complaint that the petitioners were also present at the spot and after seeing the police, they fled away. This allegation has been denied by the petitioners in the bail petition grounds and they have contended they are not involved in committing the said offences and they have been falsely implicated in the present case. The vehicle as well as the sand is seized by the authorities. For the present, further nothing is to be seized from the possession of these two petitioners. The offences are triable by the magistrate. They are not exclusively punishable with death or imprisonment of life. Hence petitioners can be admitted to anticipatory bail.
5. Petition is allowed. The respondent-Police are hereby directed to release the petitioners in bail in the event of their arrest for the aforesaid offences subject tot the following conditions:-
i. Each petitioner has to execute a personal bond for Rs.50,000/- (Fifty Thousand Only) and they have to furnish one surety for the like sum to the satisfaction of the Trial Court.
ii. The petitioners shall not tamper the prosecution witnesses, directly or indirectly.
iii. The petitioners shall appear before the Investigating Officer for interrogation, whenever called for.
iv. The petitioners have to appear before the jurisdictional Court within thirty days from the date of this order and they have to furnish their sureties.
Sd/- JUDGE Bsv