IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2281/2017 BETWEEN:
PULAGURA SHIVA S/O VENKATARAMANA AGED ABOUT 34 YEARS R/AT KOTHAKOTA VILLAGE THAMBALAPALLI MANDAL CHITOOR DISTRICT ANDHRA PRADESH – 517 247. …PETITIONER (BY SRI D.V.GIRISH AND SRI L.S.VENKATAKRISHNA, ADVS.) AND:
THE STATE OF KARNATAKA BY AVALAHALLI POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001. …RESPONDENT (BY SRI K.NAGESHWARAPPA, 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.38/2017 OF AVALAHALLY POLICE STATION, BENGALURU DISTRICT, FOR THE OFFENCE P/U/S 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The respondent-police have registered a FIR dated 3.2.2017 against owners and drivers of nine lorries listed in column No.6 in their Cr.No.38/17 in respect of the offence punishable under section 420 of IPC.
3. The allegation is, the lorries were transporting sand with suspicious documents. When verified with the company which was said to have placed orders for the sand, they denied of placing any such order.
4. Learned counsel for the petitioner submits that the petitioner is a lessee and also the driver of lorry No.AP 31 TE 8487 and he had valid permit and also licence to transport the sand. In view of the registration of non bailable offence, he apprehends arrest, is ready to appear voluntarily before the Investigating Officer and convince him about his innocence. Having regard to the nature of allegation, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is granted anticipatory bail in Cr.No.38/2017. He shall forthwith surrender before the respondent-I.O. In that event, the respondent-I.O. is at liberty to interrogate him. In the event of his arrest, he shall be enlarged on bail on executing a self bond for a sum of Rs.1,00,000/- with one surety for the likesum. He shall co-operate with respondent-
I.O. during the further course of investigation.
Sd/- JUDGE Dvr: