IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO. 8826/2017 BETWEEN:
1. Khasim Sab S s/o.late Imran SAb aged about 31 years r/at.Guddampalli Madakasira, Anantapur Andhra Pradesh 515 301 2. Shivakumar R s/o.late Anjanappa aged about 46 years, R/at. Chandrabhavi Kyathagondanahalli post Madhugiri Taluk, Tumkur 572 133 ... PETITIONERS (By Sri.Manohar B.K. – Adv.) AND:
The State of Karnataka By Tumkur Town Police, Tumkur 572 102, reptd by SPP, High Court of Karnataka, Bengaluru 560 001 ... RESPONDENT (Sri Chetan Desai, 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.166/2017 of Tumkur Town Police Station, Tumakuru District, for the offences P/U/Rules 42, 43,44 of Karnataka Minor Mineral Consistent Rules, 1994 & Section 4(1), 4(1A), 21 of Mines and Minerals (Development and Regulation) Act,. 1957 & Section 379 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the petitioners/accused 1 and 2 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release them on bail in the event of their arrest for the offences punishable under Rules 42, 43,44 of Karnataka Minor Mineral Consistent Rule, 1994 & Section 4(1), 4(1A), 21 of Mines and Minerals (Development and Regulation) Act,. 1957 & Section 379 of IPC registered in respondent police station Crime No.166/2017.
2. The case of the prosecution in brief is that these petitioners were transporting granite blocks in the said lorry without having any permit or the licence. On the basis of the said complaint case came to be registered against the petitioners mentioned in the FIR as one Khasim who is the petitioner/accused No.1 , and then the lorry owner who is arrayed herein as petitioner No.2.
3. Heard the arguments of the learned counsel appearing for the petitioners/accused 1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State.
4. Though there is an allegation that they were transporting the granite stones in the vehicle illegally and without possessing valid documents, the petitioners denied those allegations in the bail petition contending that they are innocent and not involved in committing the alleged offences. They have undertaken to abide by any reasonable conditions to be imposed by this Court.
5. The material goes to show the vehicle as well as the granite stones, alleged to have been transported illegally, are seized in front of the panch witnesses under the mahazar. Therefore, at present nothing further is seized from the petitioners herein and that they have undertaken to abide by any of the conditions to be imposed by the Court. Further the alleged offences are triable by the Magistrate Court and they are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that the petitioners can be granted with anticipatory bail.
6. Accordingly, 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 Rules 42, 43,44 of Karnataka Minor Mineral Consistent Rule, 1994 & Section 4(1), 4(1A), 21 of Mines and Minerals (Development and Regulation) Act,. 1957 & Section 379 of IPC registered in respondent police station Crime No.166/2017. subject to the following conditions:
i. Petitioners shall execute a personal bond for Rs.50,000/- each and shall furnish one 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 rs