IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 8740/2018 Between:
Mohan T. N. S/o. Neelegowda Aged about 30 years R/o. Thorebommanahalli Village, Kodavathi Post, Huliyuru Durga Hobli, Kunigal Taluk 572 130. Tumkur District.
(By Sri. Chethan. B., Advocate) And:
State of Karnataka Koppa Police Station, Mandya District 571 401. Represented by State Public Prosecutor High Court of Karnataka Bangalore 560 001.
(By Sri. S. Rachaiah, HCGP) … Petitioner …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C., praying to grant anticipatory bail to the petitioner in Crime No.221/2018 registered by the respondent – Koppa Police Station for the alleged offences punishable under Section 188, 379, 341, 323, 504, 353, 332 read with Section 34 of IPC, under Section 3(1) of the Karnataka Minor Mineral Consistent Rule and sections 4(1A), 21(1)21(2), 21(3) of the Mines and Minerals Development and Regulation Act, 1957, pending on the file of Additional Civil Judge (Jr. Dn.) JMFC Court, Maddur, Mandya District in Crl.Misc. No.1091/2018.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No. 221/2018 for the offences punishable under Sections 188, 379, 341, 323, 504, 353, 332 read with Section 34 of IPC, Section 3(1) of the Karnataka Minor Mineral Concession Rules, 1994 and Section 4(1A), 21(1)21(2), 21(3) of the Mines and Minerals Development and Regulation Act, 1957.
2. The case as has been made out by the prosecution in the complaint is that the complainant was an informer and on 02.10.2018 information was received that sand was being illegally transported in tractor-trailer on the midnight at around 12.00 a.m. The complainant and police officials went to the spot and noticed the tractor-trailer loaded with sand and the driver of the said vehicle ran away. It is stated that the complainant was driving the tractor-trailer towards the police station. At that point of time, about 3 persons were coming in a motor cycle in front of the tractor- trailer and the complainant stopped the vehicle. It is further stated that one of three persons volunteered to drive the tractor-trailer to the police station and when it was so being driven, an effort was made to take the vehicle in a wrong direction. At that point of time it is stated that the person coming in the motor cycle abused the complainant and pushed the motor cycle on the road and ran away. Subsequently, complaint was filed and investigation is in progress.
3. Learned counsel for the petitioner states that allegations against accused Nos. 1 and 2 are substantially similar. Question as to who actually abused the officials and committed the offence is a matter to be established during trial and states that in light of accused No.2 having been enlarged on anticipatory bail as per order dated 20.02.2019 passed in Crl.P.No.8664/2018 petitioner is also entitled to the same relief on the principle of parity. It is further stated that the owner of the vehicle has been enlarged on regular bail pursuant to the proceedings in Crl.Misc. No.1091/2018.
4. Taking note of the fact that the question as to identity of the accused and as to the role of the accused in commission of offence is a matter to be proved during trial and in light of the fact that accused No.2 has been enlarged on anticipatory bail, petitioner is also entitled to be enlarged on anticipatory bail on the principle of parity.
5. Accordingly, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No. 221/2018 for the offences punishable under Sections 188, 379, 341, 323, 504, 353, 332 read with Section 34 of IPC, Section 3(1) of the Karnataka Minor Mineral Concession Rules, 1994 and Section 4(1A), 21(1)21(2), 21(3) of the Mines and Minerals Development and Regulation Act, 1957, subject to the following conditions:
(i) The petitioner 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.
(ii) He shall surrender before the Investigating Officer within 15 days from today.
(iii) He shall not tamper with the prosecution evidence directly or indirectly.
(iv) He shall mark his attendance before the jurisdictional police once in 15 days between 10.00 a.m. and 5.00 p.m. till the trial is concluded.
(v) He shall not leave the jurisdiction of the Court without prior permission of the Court.
(vi) He shall not indulge in similar type of criminal activities.
(vii) If he again indulges in illegal transportation of sand, then under such circumstances, the police is at liberty to file an application for cancellation of the bail.
Sd/- JUDGE VP