IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9008/2017 BETWEEN:
PURUSHOTHAM M S/O DOOMANNA GOWDA, AGED ABOUT 42 YEARS, R/O MUNGLI MANE, KABAKA POST VILLAGE, PUTTUR TALUK, D.K.-574201 OWNER OF TATA HITACHI EX-70, BEARING TAX INVOICE NO.10032 (BY SRI.K.N. JAYAPRAKASH, ADV.,) AND THE STATE OF KARNATAKA BANTWAL RURAL POLICE STATION, DAKSHINA KANNADA, REPTD BY ITS S.P.P HIGH COURT BUILDING, BENGALURU-560001 (BY SRI.CHETAN DESAI, HCGP.,) ... PETITIONER ... RESPONDENT CRL.P FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.24/2017 OF BUNTWALA RURAL POLICE STATION, D.K. FOR THE OFFENCE P/U/S 379 OF IPC AND SEC. 4(1), 4(1A) AND 21 OF MINES AND MINERALS REGULATION OF DEVELOPMENT ACT AND RULE 3(1),42,43 AND 44 OF KARNATAKA MINOR MINERALS 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.1 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 Sections 379 of IPC and Sections 4(1), 4(1A) and 21 of Mines and Minerals Regulation of Development Act and Rules 3(1), 42, 43 and 44 of Karnataka Minor Minerals Concession Rule registered in respondent police station Crime No.24/2017.
2. Brief facts of the prosecution case from the complaint averments are that the accused Sri. Muthalib alias Masoof Saaheb by using TATA Hitachi EX-70 bearing Tax Invoice No.10032 and other vehicles was storing the sand at a particular place and transporting the same illegally without having any licence or the permit in that regard. The further averments that when the complainant went there, the accused No.1-Muthalib by snatching the key of the TATA Hitachi vehicle ran away from the said place. On the basis of the said complaint, the present case came to be registered against the said Muthalib as accused No.1. So far as the present petitioner is concerned, there is no averments either in the complaint or in the FIR and his name is also not mentioned in the FIR.
3. Learned counsel submitted that vehicle belongs to the present petitioner and the petitioner gave it to the accused No.1. But he was not knowing that he is using the said vehicle for the illegal purpose. He further submitted that he got the said vehicle released in his favour by order of the concerned Magistrate Court. Heard the arguments of the learned counsel appearing for the petitioner/accused 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 and other materials placed on record.
5. The petitioner has contended he is innocent and not involved in the said act and he is ready to abide by any conditions to be imposed by this Court.
6. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be granted with anticipatory bail. 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 Sections 379 of IPC and Sections 4(1), 4(1A) and 21 of Mines and Minerals Regulation of Development Act and Rules 3(1), 42, 43 and 44 of Karnataka Minor Minerals Concession Rule registered in respondent police station Crime No.24/2017 subject to the following conditions:
i. Petitioner has to execute a personal bond for `50,000/- with 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 BS