IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.9107/2016 BETWEEN:
MUSHAHEED AHAMMED, S/O MOHAMMED DASTHGIR, AGED ABOUT 66 YEARS, R/AT NO.2/14, K.P. MOHALLA, HARAVE HOBLI, CHAMARAJNAGAR TOWN – 571 313 …PETITIONER (BY SRI. MANJUNATH N.D., ADVOCATE) AND:
THE STATE OF KARNATAKA, THROUGH CHAMARAJANAGAR RURAL P.S., CHAMARAJANAGAR DISTRICT – 571 313 (BY REPRESENTED SPP, HIGH COURT OF KARNATAKA) PIN:560001 ...RESPONDENT (BY SRI S. VISHWA MURTHY, HCGP) 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.256/2016 OF CHAMARAJANAGARA RURAL POLICE STATION, CHAMARAJANAGARA FOR THE OFFENCE P/U/S 420 OF IPC AND SEC.21(1) OF M.M.D.R.
ACT AND RULE 42(3), 42(5) AND 43 OF K.M.M.C. RULE, 1994.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed under Section 438 of Cr.P.C seeking anticipatory bail in Crime NO.256/2016 registered by Chamarajanagara Rural Police Station for offences punishable under Section 420 of IPC, Sections 21(1) of MMRD Act and Rules 42(3), 42(5) and 43 of KMMC Rules.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State and perused the material papers.
3. The learned counsel for the petitioner submits that the case of the prosecution is that the petitioner has incorrectly mentioned the total distance between the mine head and the destination point and the petitioner is using the same permit to transport the granite on more than one occasion as the distance between the mine head and the place of delivery is only 250 kilometers, whereas petitioner has mentioned as 970 kilometers. He further submits that such an allegation is unsustainable, because against each transport relevant papers will be checked at the check point on the high-ways. In the circumstance, he further submits that the offence alleged is not punishable with death or life imprisonment. The petitioner is a business man and undertakes to abide by any condition imposed by this Court. Accordingly, he prays for allowing this petition.
4. The learned High Court Government Pleader opposes the petition.
5. Admittedly, the offences alleged against the petitioner under Section 420 of IPC, Sections 21(1) of MMRD Act and Rules 42(3), 42(5) and 43 of KMMC Rules are not punishable with death or life imprisonment. Further there is force in the submission of the learned counsel for the petitioner that the Authority shall have ample opportunity to verify the documents at the check point.
6. In the circumstances, pending trial, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) In the event of arrest or voluntary surrender of petitioner in Crime No.256/2016 before the jurisdictional Police or Magistrate on or before 13.3.2017, he shall be released on bail upon his executing a self bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the investigating officer;
(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation and appear as and when called upon;
(iii) Petitioner shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday of each calendar month between 10 a.m. & 1 p.m till the charge sheet is filed;
(iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(v) Petitioner shall not involve himself in any criminal activities; and (vi) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE PB