IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6250 OF 2018 BETWEEN:
1. Mahadevaswamy S/o Gurumallappa Aged about 29 years Residing at Malapura Village Yeriyur, Gundlupet Taluk Chamarajanagar 571313.
2. Gurumallappa S/o Late Nanjappa Aged about 55 years Residing at Malapura Village Yeriyur, Gundlupet Taluk Chamarajanagar 571313. ...Petitioners (By Smt. S. Sumathi, Advocate for Sri A.M. Suryaprakash, Advocate) AND:
The State of Karnataka By Terakambi Police Station Chamarajanagar Dist.
Rep. by SPP Ambedkar Veedhi High Court of Karnataka Bengaluru – 560001. ...Respondent (By Sri. M. Divakar Maddur – HCGP) This Criminal Petition is filed under Section 438 of Cr.PC praying to enlarge the petitionerS on bail in the event of their arrest in Cr. No. 146/2016 of Terakambi P.S., Chamarajanagar district for offence P/U/S 21(4), 21(4A) of M.M.R.D. Act and Rule 31(R), 42(1), 43(2) of K.M.M.C.R Act and Sec. 379 of IPC.
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 petitioners-accused Nos.1 and 2 under Section 438 of Cr.PC to release them on anticipatory bail in Crime No.146/2016 of Terakambi police station, Gundlupete and C.C.No.1210/2017 pending on the file of the II Addl. Civil Judge (Jr. Dvn.) and JMFC, Gundlupete for the offences punishable under Section 21(4), 21(4A) of the Mines and Minerals Act 1957 and Section 31R(13), 42(1) and 43(2) of KMMCR Act 1994 R/w Section 379 of IPC.
2. I have heard learned counsel for the petitioners-accused and learned HCGP for the respondent-State.
3. The case of the complainant is that on 16.12.2016 at about 9 a.m. on credible information the police went to the spot and found a tractor trailer was transporting sand at Gudiman Malapura road, near oni of Sorehalla. The driver of said tractor trailer on seeing the police, stopped the vehicle and fled away from the spot. On verification it was found that the tractor and trailer bearing registration No.KA-10-T-6328 was transporting sand without having any valid permit or licence. A case was registered in this behalf.
4. It is the submission of learned counsel for the petitioners-accused Nos.1 and 2 that the owners are the drivers of the said vehicle and the petitioners are nothing to do with the alleged crime. They have not transported any sand in the said tractor trailer. He further submits that the alleged offence is not punishable with death or imprisonment for life and already charge sheet has been filed. Hence, the accused petitioners are not required for the purpose of investigation or interrogation. On these grounds he prays to allow the petition and to release the accused petitioners on bail.
5. Per contra, learned HCGP vehemently argued and submitted that the accused petitioners have been involved in the serious offence of transportation of sand without there being any valid permit or licence. If they are released on bail, they may abscond and may not be available for the purpose of investigation or interrogation. It is further submitted that the said tractor and trailer has been seized along with sand on the spot. There is ample material to connect the accused petitioners with the alleged crime. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of learned counsel appearing for the parties and also perused records.
7. On close reading of the complaint and other material it discloses the fact that on credible information, the police went to the spot, there they found the tractor trailer transporting the sand illegally and by seeing the police personnel, the driver of the said vehicle fled away. Whether the accused petitioners have involved in the alleged offence is the matter that it has to be considered and appreciated only at the time of trial. Even, charge sheet has already been filed and the alleged offence is not punishable with death or imprisonment for life. Under the facts and circumstances if by imposing some stringent conditions, the accused petitioners are enlarged on bail, then, it is going to meet the ends of justice.
In the light of the discussions held above, the petition is allowed. The petitioners - accused Nos.1 and 2 are ordered to be enlarged on bail in the event of their arrest in Crime No.146/2016 of Terakambi Police Station, Gundlupete for the offence punishable under Section 21(4), 21(4A) of the Mines and Minerals Act 1957 and Section 31R (13), 42(1) and 43(2) of KMMCR Act 1994 R/w Section 379 of IPC, subject to following conditions;
1. Each of the Petitioner-accused 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.
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall not tamper with the prosecution witnesses directly or indirectly.
4. They shall be regular in attending the trial.
5. They shall not leave the jurisdiction of the Court without prior permission of the Court.
6. They shall not involve in similar type of criminal activities if they again indulge themselves in similar type of activities, then, the trial Court is at liberty to cancel the bail.
Sd/- JUDGE PN/-