IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7129 OF 2017 BETWEEN 1. LOLAIAH S/O LATE JAVARAIAH AGED ABOUT 45 YEARS 2. RAJESH @ RAJENDRA S/O LOLAIAH AGED ABOUT 23 YEARS BOTH ARE RESIDENTS OF AREGUJJANAHALLI URDIGERE HOBLI TUMKURU – 572 140 (BY SRI.M.B.RAYAKHA, FOR SRI. SUNIL KUMAR.P., ADVS.,) AND THE STATE BY KYATHANSANDRA P.S. TUMKURU REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001 (BY SRI. S.VISHWAMURTHY, HCGP) ... PETITIONERS ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.206/2017 OF KYATHANSANDRA POLICE STATION, TUMAKURU, FOR THE OFFENCE P/U/S 21(4A), 4(A) OF M.M.R.D. ACT AND RULE 41(2) AND 44(6) OF K.M.M.C. RULE AND SECTION 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners being the owner and driver of the Tractor and Trailor bearing No. KA-06-TB-6861 apprehend arrest by the respondent-police in Crime No. 206/2017 registered in respect of the offences punishable under Sections 21(4A), 4(A) of M.M.R.D. Act and Rule 41(2) and 44(6) of K.M.M.C. Rule and Section 379 of IPC.
2. The allegation is, the above said vehicle was found on 12.08.2017 loaded with sand illegally. On seeing the police personnels, the man on the wheels disappeared and the vehicle was sized along with incriminating substance.
3. Learned counsel for the petitioners submits that the petition in so far as the second petitioner may be dismissed as withdrawn since he intends to surrender before the concerned court and move for regular bail.
4. In respect of the first petitioner, it is his submission that he had no knowledge of the alleged incident. In fact, the second petitioner who is none other than his son was on the wheels at that time. He had not instructed his son to use the vehicle for illegal purposes.
5. In the light of the above, petition is allowed-in- part, subject to following conditions:
1. The first petitioner -Lolaiah is granted anticipatory bail in Crime No.206/2017 registered by the respondent-police. In the event of his arrest, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- (Fifty Thousand Rupees only) with one local surety for the likesum to the satisfaction of the concerned I.O.
2. He shall not use his vehicle for illegal purpose.
6. The petition in so far as second petitioner is concerned is dismissed as withdrawn.
In the event, he (second petitioner) surrenders and move for regular bail before the concerned court, his application shall be considered in accordance with law and as expeditiously as possible.
Sd/- JUDGE Bsv