IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7283/2017 Between:
Radha W/o Ashoka Aged about 40 years Ranganathapura village Kasaba Hobli Hassan District– 34. ...Petitioner (By Sri Pratheep K. C., Advocate) And The State of Karnataka Rep. by Yeslur Police Hassan District Rep by its State Public Prosecutor High Court of Karnataka Bengaluru- 560 001. ...Respondent (By Sri S Vishwamurthy, 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.52/2016 of Yesalur Police Station, Hassan District for the offence punishable under Sections 21, 4(1A) of MMDR Act and Rule 31(r)of KMMC Rules and Sec.379 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 for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner/Accused No.4, along with six others is chargesheeted by the respondent-police in their Crime No.52/2016 in respect of the offences punishable under Sections 21, 4(1A) of MMDR Act, 1957, Rule 31(r) of KMMC Rules, 1994 and section 379 of IPC.
3. The allegation of the prosecution is, during wee hours on 23.02.2016 the accused persons were found illegally mining the sand with JCB from the tributaries of Hemavathi river and transporting the same in three lorries.
4. Sri Pratheep K.C., learned counsel for the petitioner submits that she is the owner of lorry bearing Reg.No.KA-01-C-1153; she was not named in the FIR; at the time of submitting chargesheet she is implicated in this case as accused No.4; at no point of time, she was not called by the I.O for the purpose of investigation. She was not in the vehicle when it was intercepted and seized by the I.O. under mahazar. The driver of the lorry-accused No.5 is on bail. If anticipatory bail is granted to her for a limited period, she will surrender before the concerned Court.
In the light of the above, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.52/2016 registered by the respondent-Police, for a limited period of three weeks.
Within the above period, she shall surrender before the concerned Court and move for regular bail.
Until disposal of the bail petition, this order will be in force.
In the event of her arrest by the respondent-Police within the above period, she shall be released on bail on her executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the concerned Court.
In view of disposal of main Petition, I.A.No.1/2017 does not survive for consideration. Accordingly, I.A.No.1/2017 stands disposed of.
Sd/- JUDGE DL