IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8664/2018 BETWEEN:
K.V. Ramesh S/o Venkatappa @ Dasegowda Aged about 42 years Resident of Kodavathi Village Huliyuru Durga Hobli, Kunigal Taluk, Tumkur District-572 130 (By Sri Chethan B., Advocate) AND:
State of Karnataka by Koppa Police Station Mandya District-571 401 Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Sri K.P. Yoganna, HCGP) …Petitioner … Respondent 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 Crime No.221/2018 of Koppa Police Station, Mandya District, for the offence punishable under Section 3(1) of Karnataka Minor Mineral Concessions Rule, under Sections 4(1A) and 22(1)(2)(3) of Mines and Minerals Development and Regulation Act and Sections 188, 379, 341, 323, 504, 353, 332 r/w Section 34 of Indian Penal Code.
This Criminal Petition coming on for Orders, this day the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.2 under Section 438 of Cr.P.C. to release him on bail in Crime No.221/2018 of Koppa Police Station for the offences punishable under Sections 188, 379, 341, 323, 504, 353, 332 r/w Section 34 of IPC and also under Section 3(1) of Karnataka Minor Mineral Concessions Rule, under Section 4(1A) and 21(1)(2)(3) of Mines and Minerals Development and Regulation Act, 1957.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The brief facts of the case are that on 2.10.2018 the complainant got information about the illegal transportation of the sand in the tractor-trailer, hence at about 12.00 in the mid night the complainant along with his staff went to the place and there they found tractor bearing registration No.KA.06 TA.2229, and the said tractor was near Shimsha river bank at Bekkalale village without there being any valid licence and permit the driver of the tractor was taking away the sand. After seeing the complainant, the driver of the tractor-trailer stopped and ran away from the spot leaving the tractor and trailer. The complainant himself was driving the tractor-trailer towards Koppa Police Station. At that time three persons came in the motorcycle in front of the tractor-trailer, the complainant stopped the vehicle. One person told that he himself would drive the tractor to the Koppa Police Station. The complainant allowed him to drive the tractor and they followed the tractor-trailer. But the said driver moving the vehicle with high speed, the complainant by doubt came in front of the vehicle and stopped the tractor-trailer. A person came in the motorcycle abused the complainant, pushed the motorcycle on the road and escape from the spot. The two motorcycle was seized by the complainant under the mahazar. On the basis of the said complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused was not present at the place of incident when the tractor was seized. He further submitted that it is accused No.1 who abused the Investigating Officer and no overt acts have been alleged as against the petitioner/accused No.2. He further submitted that the learned Sessions Judge has already released accused No.5 who is the owner of the tractor-trailer, under the same facts and circumstances the bail petition of the petitioner/accused No.2 has been rejected. He is from respectable family. The alleged offences are not punishable with death or imprisonment for life. Even on the ground of parity, the petitioner/accused is entitled to be released on anticipatory bail. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition and to release the petitioner on anticipatory bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the alleged offences are punishable with death or imprisonment for life. He further submitted that petitioner/accused is the main accused who is managing and monitoring the illegal transportation of the sand. He further submitted that the case is still under investigation and the petitioner/accused high handedly tried to assault and abused the complainant and obstructed while discharging the government duties. Under the said circumstances, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the complaint and other material though there is allegation to the effect that when the complainant was discharging his duty as a Government servant the accused persons assaulted and abused with filthy language and objected for discharge of his duty. Who actually assaulted and abused is not forthcoming from the said complaint and even the alleged offences are not punishable with death or imprisonment for life. Even as could be seen from the record, under the similar facts and circumstances accused No.5 has been released on bail in Crl.Misc.No.1013/2018 dated 17.10.2018 by the learned Principal Sessions Judge, Mandya and on the ground of parity, if the present petitioner is released on anticipatory bail by imposing some stringent conditions, it is going to protect the interest of the prosecution.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.2 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.221/2018 of Koppa Police Station, for the offences punishable under Sections 188, 379, 341, 323, 504, 353, 332 r/w Section 34 of IPC and also under Section 3(1) of Karnataka Minor Mineral Concessions Rule, under Section 4(1A) and 21(1)(2)(3) of Mines and Minerals Development and Regulation Act, 1957, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within 15 days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall mark his attendance before the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) He shall not leave the jurisdiction of the Court without prior permission of the Court.
vi) He shall not indulge in similar type of criminal activities.
vii) If he again indulge in illegal transportation of sand, then under such circumstances, the police is at liberty to file an application for cancellation of the bail.
*AP/-
Sd/- JUDGE