IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8292 OF 2018 BETWEEN: MANJUNATH S/O RANGANATHA GOWDA AGED ABOUT 40 YEARS R/AT CARPEHALLI VILLAGE KALLAMBELLA HOBLI SIRA TALUK, TUMAKURU DISTRICT – 572 125 (BY SRI M.SHASHIDHARA, ADV.) AND STATE OF KARNATAKA BY KALLAMBELLA P.S. REPRESENTED BY S.P.P. HIGH COURT BUILDING BANGALORE – 560 001 (BY SRI K.P.YOGANNA, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.227/2018 OF KALLAMBELLA POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is the registered owner of the Tractor No.KA-02-T-2265. Kallambella Police of Tumakuru District have registered Crime No.227/2018 against the owner and driver of the said Tractor for the offence punishable under Section 379 of Indian Penal Code on the basis of the complaint of Anjana Kumar P.S.I., Kallambella Police Station.
2. It is alleged that, on the basis of credible information when the complainant and his team conducted raid on 26.09.2018 at 4.00 a.m. at Karpihalli lake bed of Sira Taluk, accused were found illegally mining and loading of sand to the aforesaid Tractor and un-numbered trailor. It is alleged that on seeing the raiding squad the driver of the tractor escaped, sand and vehical was seized under mahazar.
3. The offence under Section 379 of I.P.C. is punishable with imprisonment up-to three years and triable by the Magistrate. The incriminating material is already recovered. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.227/2018 of Kallambella Police Station. If he is arrested in the said case, he shall be released on bail subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR