IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.5704/2017 BETWEEN:
Manjegowda S/o Kalegowda Aged about 34 years R/at Doddakunchevu Koppalu Village Holenarasipura Taluk Hassan District-573 201. .. PETITIONER (By Sri Girish B Baladare, Adv.) AND:
State by Holenarasipura Town Police Station Holenarasipura Hassan District Represented by the State Public Prosecutor High Court Building Bengaluru-560 001. .. RESPONDENT (By Sri K Nageshwarappa, HCGP) This criminal petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.32/2017 of Holenarasipura Town P.S., Hassan District for the offences punishable under Sections 379 of IPC and Sections 4(1A), 21 of MMDR Act.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-accused No.1 under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of his arrest, he be released on bail for the offences punishable under Section 379 of IPC and Sections 4(1A), 21 of MMDR Act registered in respondent Police Station Crime No.32/2017.
2. Case of prosecution as per complaint averments is that Police Sub-Inspector and his staff were on patrolling duty. That, on 30.01.2017 at about 8.30 p.m. they found a lorry bearing Reg. No.KA-52-1377 loaded with the sand near Hariharapura Village without paying royalty to the Government. On seeing the police officers, the petitioner and another were ran away from the spot. The said vehicle was seized. On the basis of the said complaint, the case was registered by the respondent police.
3. I have heard the learned Counsel appearing for the petitioner-accused No.1 and the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the averments made in the bail petition, FIR, complaint and the other materials on record.
5. The allegations in the complaint as against the petitioner is that on seeing the police officers and staff, he ran away from the spot. But in the bail petition, he has denied the said allegation and contended that he had not involved in committing the alleged offence. The respondent police have already seized the vehicle and the sand alleged to have been transported illegally. Nothing further is to be seized for the present. The petitioner has undertaken that he is ready to abide by any condition that may be imposed by this Court. The offences are exclusively triable by the Court of Magistrate.
6. Hence, the petition is allowed. The respondent- police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Section 379 of IPC and Sections 4(1A), 21 of MMDR Act registered in respondent Police Station Crime No.32/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for a sum of Rs.50,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with the further investigation.
iv. Petitioner 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.
Cs/-
Sd/- JUDGE