IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.5539/2017 BETWEEN NAVEEN @ NAVEEN KUMAR S/O NANJAIAH, AGED ABOUT 35 YEARS, R/AT HONNURU VILLAGE, YELANDUR TALUK, CHAMARAJANAGAR DIST-571440 (BY SRI MAHADEVA SWAMY P, ADV.) AND THE STATE THROUGH KOLLEGALA RURAL POLICE STATION, KOLLAGALA, CHAMARAJANAGAR-571440 REP SPP HIGH COURT BANGALORE-560001 (BY SRI CHETAN DESAI, HCGP) ... PETITIONER ... RESPONDENT CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.198/2016 OF KOLLEGALA RURAL P.S., CHAMARAJANAGARA DISTRICT FOR THE OFFENCE P/U/RULW 42(1),43(2),31R(13) OF KMMCR AND SEC.21(4),21(4A) OF MMDR ACT AND SEC.379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.6 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Rules 42(1), 43(2), 31R(13) OF KMMCR and Sections 21(4), 21(4A) OF MMDR Act and Section 379 of IPC registered in respondent police station Crime No.198/2015 and now pending on the file of Prl. Civil Judge, Kollegala, Chamarajanagara in C.C.812/2016.
2. Brief facts of the prosecution case is that the petitioner along with other persons were lifting sand to the bullock cart without having any permit or license from the competent authority. When the raid was conducted, the persons ran away from the place after seeing the police. The bullock cart filled with the sand was seized in the presence of panch witnesses. On the basis of the complaint, case came to be registered against the petitioner/accused No.6 along with other accused persons.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.6 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint, other materials placed on record and the order of the learned Sessions Judge rejecting the bail application.
5. The petitioner denied the allegations in the complaint and contended in the bail petition that he is innocent and has not committed the alleged offence and he has undertaken to abide by any conditions to be imposed by this Court.
6. The bullock cart filled with sand has already been seized in the presence of panch witnesses. Therefore, at this stage nothing further is to be seized from the possession of the petitioner. Offence alleged against the petitioner is neither punishable with death nor imprisonment for life but triable by the Magistrate Court. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be granted with anticipatory bail.
7. Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioner on bail in the event of his arrest for the alleged offence punishable under Rules 42(1), 43(2), 31R(13) OF KMMCR and Sections 21(4), 21(4A) OF MMDR Act and Section 379 of IPC registered in respondent police station Crime No.198/2015, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. The petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE DM