IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7896/2018 BETWEEN:
Ravikumar.S S/o Siddalingaiah Aged about 34 years R/at Siddemannainapalya Village, Huthridurga Hobli, Kunigal Taluk, Tumkuru District (By Sri. B.R.Ravi Kumar, Advocate for Sri.Pramod, Advocate ) AND:
State by Kunigal Police Station Represented by State Public Prosecutor, High Court Building-560 001. (By Sri. Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.13/2017 of Kunigal Police Station, Tumakuru, which is registered for the offence p/u/s 379 of IPC and Sec.21(1)(1A), 4(1A), of the Mines and Minerals (Development and Regulation Act, 1957 Section 2(A) of Karnataka Prevention of Distruction and Loss of Property Act, 1991, Section 192 (A) of Indian Motor Vehicles Act, 1988 and Rule 44(1) of Karnataka Minor Mineral Concession Rule, 1994.
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 learned HCGP for the respondent-State.
2. The allegations against the petitioner is that, he was driving the vehicle which was involved in transporting the sand illegally. Therefore, the respondent- Police have invoked the provisions under Section 379 of IPC and also under Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, as the sand was lifted from the Government Property.
3. Earlier this petitioner has approached this Court and his petition got dismissed with a liberty to approach the Court ones again. It is seen from the records that in Crl.P.No.2425/2017, the owner of the vehicle in which the petitioner was driver, has been released on bail subject to certain conditions.
3. It is contended by the learned HCGP for the respondent-State that, the petitioner was absconding and therefore, absconding charge sheet has been filed before the Court. However, trial should not be stalled due to the absence of the petitioner and offences are not exclusively punishable with death or imprisonment for life. Therefore, I feel it is just and necessary to release the petitioner on bail by imposing stringent conditions so as to enable the trial Court to proceed with matter and conclude the trial as expeditiously as possible.
With the above observations, I proceed to pass the following;
ORDER a. The Criminal Petition is hereby allowed.
Consequently, the petitioner shall be released on bail in connection with Crime No.13 of 2017 of Kunigal police station, for the aforesaid offences, subject to the following conditions:
(i) The Petitioner shall be released on bail in the event of his arrest by the respondent-police on his voluntarily surrendering before the Investigating Officer within 10 days from the date of receipt of a copy of this order subject to his executing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission, till the case registered against them is disposed off.
Sd/- JUDGE SB