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.7349/2017 BETWEEN:
1. Lokesh K L S/o late Lankappa Aged about 41 years R/o Pete Beedhi Kythsandra Tumkur City-572 104.
2. Lakshmidevamma T S W/o Late Lankappa Aged about 68 years R/o Pete Beedhi Kythsandra Tumkuru City-572 104. ... PETITIONERS (By Sri Pavan Kumar, Adv. for Smt Manjula D, Adv.) AND:
State by Kythsandra Police Represented by the State Public Prosecutor Office of the Advocate General High Court Buildings 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.219/2017 of Kyathasandra P.S., Tumakuru District, for the offences P/U/Ss 41(2), 44(6) of Karnataka Minor Mineral Concession Rules, 1994 and under Sections 4(A), 4(1A), 21(4), 21(4A) of Mines and Minerals (Development and Regulation) Act, 1957.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 41(2), 44(6) of Karnataka Minor Mineral Concession Rules, 1994, Sections 4(A), 4(1A), 21(4), 21(4A) of Mines and Minerals (Development and Regulation) Act, 1957 and under Section 379 of IPC registered in respondent police station Crime No.219/2017.
2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
4. The allegation in the complaint is that, the petitioners were involved in loading and transporting of the sand in the tractor illegally and when it was informed to the complainant immediately complainant along with his staff went to the said spot and after seeing the complainant, the driver of the said vehicle parked the vehicle by the side of the road and ran away.
5. The materials show that the vehicle along with the loaded sand is seized by the police in the presence of panch witnesses. Nothing further is to be seized from the possession of the petitioners herein.
6. The petitioners have contended in the petition that they are innocent and not committed the alleged offences and there is a false implication. They have undertaken to abide by any reasonable conditions to be imposed by this Court. The alleged offences are triable by the Magistrate Court and not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioners can be granted with anticipatory bail.
7. 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 Sections 41(2), 44(6) of Karnataka Minor Mineral Concession Rules, 1994, Sections 4(A), 4(1A), 21(4), 21(4A) of Mines and Minerals (Development and Regulation) Act, 1957 and under Section 379 of IPC registered in respondent police station Crime No.219/2017, subject to the following conditions:
i. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each and shall 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 bkp