IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7846/2017 BETWEEN:
Puneeth L S/o Lokesh K B Aged about 30 years R/o Near Vinayaka Theatre Ward No.2, Koratagere Tumakuru District. ... PETITIONER (By Sri, Adv.) AND:
State by Kolala Police. ...RESPONDENT (By Sri K Nageshwarappa, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.81/2017 of Kolala P.S., Tumkuru District, for the offence P/U/S 379 of IPC and Sections 2, 21, 4(1A) of Mines and Minerals Regulation of Development and Rule 42(1), 44(6) of Karnataka Minor Mineral Concession Rule.
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 Section 379 of IPC, under Sections 2, 21, 4(1A) of the Mines and Minerals Regulation of Development Act, 1957 and also under Rules 42(1) and 44(6) of the Karnataka Minor Mineral Concession Rules, 1994 registered in respondent police station Crime No.81/2017.
2. 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.
3. Perusing the complaint averments, it is seen that complainant received the credible information that some persons without having any permit or licence are illegally transporting sand by using two JCBS and loading the same in two tractors. Thereafter, the complainant along with his staff went to the said place. After seeing them, the drivers and the owners of the said vehicles ran away by leaving the tractors in the said place. The tractors loaded with sand and also JCBs were seized in the presence of panch witnesses, on the basis of which, case was registered for the said offences.
4. In the FIR, only the name of one Hanumantha is shown as accused No.9. In respect of accused Nos.1 to 8, it is mentioned as ‘name not known’. However, during the course of investigation, present petitioner has been arrayed as accused No.6.
5. The petitioner has contended in the petition that he is innocent and not committed the alleged offences and there is a false implication. He has undertaken to abide by any reasonable conditions to be imposed by this Court. The offences alleged are triable by the Magistrate Court and are not exclusively punishable with death or imprisonment for life. The alleged sand with vehicles are seized by the police. Hence, by imposing reasonable conditions, petitioner can be admitted to anticipatory bail.
6. Accordingly, petition is allowed. The respondent-Police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 379 of IPC, under Sections 2, 21, 4(1A) of the Mines and Minerals Regulation of Development Act, 1957 and also under Rules 42(1) and 44(6) of the Karnataka Minor Mineral Concession Rules, 1994 registered in respondent police station Crime No.81/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.50,000/- and shall furnish one solvent 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 shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall 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 bkp