IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE HON' BLE MRS. JUSTICE RATHNAKALA CRL.P.No.6196/2017 BETWEEN:
M.H.RAVI S/O LATE HUCHARANGEGOWDA AGED ABOUT 38 YEARS, MARASHETTAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT-573211 ... PETITIONER (BY SRI SYED AKBAR PASHA, ADV.) AND:
THE STATE OF KARNATAKA BY HOLENARASIPURA TOWN POLICE STATION REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001 ... RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRL.P FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.206/2017 OF HOLENARASIPURA TOWN POLICE STATION, HASSAN WHICH IS REGISTERED FOR THE OFFENCE P/U/S 379 OF IPC AND SECTIONS 4(1A) AND 21 OF M.M.R.D. ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner apprehends arrest by the respondent-police in Crime No.206/2017 registered in respect of offence punishable under Section 4(1A), 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 of IPC. The allegation is, on 27.6.2017, the Truck bearing registration No.KA-13-TB- 2049 with Trailer bearing registration No.KA-13-TA- 3782 was found transporting sand illegally and the petitioner himself was on the wheels of the vehicle. The vehicle was seized under mahazar and the petitioner disappeared from the spot on noticing the police personnel.
2. Learned counsel for the petitioner submits that offence alleged is compoundable as per the resolution arrived at by the District Sand Monitoring Committee on 23.1.2017 and permission is obtained from the District Commissioner to compound the offence in respect of case pending before the court before the Lok-adalat. Hence, petitioner does not intend to contest the case and would avail the benefit of compounding the offence before the Lok-adalat.
3. In light of the above submission, the petition is allowed. The petitioner is enlarged on bail in Crime No.206/2017 subject to the following conditions:
(i) He shall forthwith appear before the respondent-Investigating Officer.
(ii) In the event of his arrest, he shall be released on bail by executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the I.O.
(iii) He shall not deploy the vehicle for illegal activities.
Sd/- JUDGE ln.