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.5095/2017 BETWEEN:
MANJUNATHA S.L., S/O LAKSHMAN, AGED ABOUT 31 YEARS, R/AT 1ST CROSS, RAGHAVENDRA NAGAR, SAKALESHPURA TALUK HASSAN DISTRICT-34. ... PETITIONER (BY SRI PRATHEEP K.C., ADV.) AND:
THE STATE OF KARNATAKA REP. BY SAKALESHPURA TOWN POLICE STATION, HASSAN DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01 ... RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRL.P. FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.51/2017 OF SAKALESHPURA TOWN P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S 4(1A), 21 OF MMDR ACT AND SECTION 379 OF IPC.
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.51/2017 for the 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 3.3.2017, the tipper lorry bearing No.KA-13-A-3663 is found transporting sand illegally. The vehicle was seized under mahazar and the driver was arrested from the spot.
2. Learned counsel for the petitioner submits that the petitioner is not aware of the alleged incident and he had not instructed his driver to engage the vehicle for illegal activities. Hence, the learned counsel seeks to allow the petition.
3. In view of the above, the petition is allowed.
Petitioner is granted anticipatory bail in Crime No.51/2017 registered by the respondent-Police, subject to the following conditions:
(i) He shall forthwith appear before the respondent-Investigating Officer. The Investigating Officer is at liberty to interrogate him.
(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 concerned Court.
(iii) He shall not deploy his tipper lorry bearing registration No.KA-13-A-3663 for illegal activities.
In view of the disposal of the main petition, IA- I/2017 does not survive for consideration. Accordingly, IA-I/2017 stands dismissed.
Sd/- JUDGE ln.