IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 6545 OF 2018 BETWEEN:
1. Muruli.K, Aged about 26 years, S/o Krishnan, R/at: Varaganapalli Village, Denkanikote Taluk, Krishnagiri District, Tamilnadu – 563 114.
2. Naveen, Aged about 35 years, S/o Nanjunda Reddy, R/at: Mudaganapalli Village, Hosur Taluk Krishnagiri District, Tamilnadu – 563 114. ...Petitioners (By Sri.S.Jagan Babu, Advocate) AND:
State of Karnataka by By Sub-Inspector of Police, Bangarpet Police Station, Rep By Spp, High Court of Karnataka, Bengaluru – 560 001. ...Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of their arrest in Cr.No.4/2015-16 of Bangarpet P.S., Kolar District for the offences punishable under Sections 4(1)(A), 21 of MMRD Act and Rules 42, 44 of K.M.M.C. Rule and under Section 3 of Prevention of Damage to Public Property Act and etc., 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 petitioner/accused Nos. 3 and 4 under Section 438 of Cr.P.C praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.C/ªÀÄ/¸Á ¥ÀæPÀgÀt ¸ÀASÉå:4/2015-16 of Bangarpet Police Station for the offences punishable under Sections 4(1)(A) and Clause 21 of MMRD Act, 1957 and Rules 42 and 44 of KMMC Rule, 1994 and under Section 3 of Prevention of Damage to Public Property Act, 1984.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 13.04.2015, the Tahasildhar, Bangarpet Taluk while on night rounds has received a credible information that sand is shifting in Lorries and Tippers. Immediately he went there and there he saw 7 lorries and tippers bearing registration Nos. TN-45-AU-1090, TN-70-P-6725, TN-25-AC-6102, TN-20-BZ-7444, TN-30-AT-9055, TN-49-AA-8983, TN-
50-F-7507 and they have loaded the sand and were intended to transport the same without there being any permit or license. The same have been seized and a case has been registered. After investigation charge sheet has been filed.
4. It is the submission of the learned counsel for the petitioners that they are innocent and they have not committed any offence as alleged against them. He further submits that the petitioners/accused have taken out Dharani in front of the Superintendent of Police and as such false case has been registered against them long back. He further submits that the alleged offences are not punishable with death or imprisonment for life. He further submits that summons has been issued but police have not served the summons and they came to know about this only when the Police started searching them to execute warrant. Petitioners/accused are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the accused/petitioners on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused along with other accused persons have illegally transported the sand in huge quantity and thereby they have caused loss to the Government and the Public Property has been damaged. He further submits that the petitioners/accused were not alert and not attending the Court inspite of issuance of summons, as such Court below has issued NBW. He further submits that if the petitioners/accused are ordered to be released on anticipatory bail, they may abscond and they may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials if a case has to be registered under MMRD Act, then authorized officer has to file private complaint and thereafter case has to be registered. The said procedure has also not been followed in the instant case. Be that as it may the records clearly goes to show that Court below has issued summons and summons has not been served, thereafter NBW has been issued. Even no material has been placed on record to show that deliberately petitioners/accused avoided the summons when the summons has been issued. The alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioners/accused are ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed. Petitioners/accused Nos.3 and 4 are enlarged on anticipatory bail in the event of their arrest in Crime No.C/ªÀÄ/¸Á ¥ÀæPÀgÀt ¸ÀASÉå:4/2015-16 of Bangarpet Police Station for the offences punishable under Sections 4(1)(A) and Clause 21 of MMRD Act, 1957 and Rules 42 and 44 of KMMC Rule, 1994 and under Section 3 of Prevention of Damage to Public Property Act, 1984 subject to the following conditions:
1. Petitioners/accused Nos. 3 and 4 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two sureties each for the likesum to the satisfaction of the trial Court.
2. They shall surrender before the trial Court within 15 days from today.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall mark their attendance once in a month i.e., on 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station till the trial is concluded.
5. They shall not leave the jurisdiction of the Court without prior permission.
6. They shall regularly appear before the trial Court for trial, without fail.
Sd/- JUDGE NS