IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE:
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6217/2017 BETWEEN:
S M SOMA @ SOMANNA S/O MOHAN AGED ABOUT 30 YEARS R/AT SIDDAPURA VILLAGE, KONANUR HOBLI, ARAKALGUD TALUK-573130 ..PETITIONER (BY SRI ANAND R V., ADVOCATE) AND:
STATE OF KARNATAKA BY KONANUR POLICE ARAKALAGUD TALUK HASSAN DISTRICT-573130 REPRESENTED BY STATE PUBLIC PROSECUTOR ..RESPONDENT (BY SRI P.M.NAWAZ, SPP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.56/2017 OF KONANUR POLICE STATION, HASSAN, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 4(1A) AND 21 OF MMDR ACT, 1957 AND SECTIONS 42 AND 44 OF KMMC RULES, 1994 AND READ WITH SECTION 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioner.
2. Petition is filed under Section 438 of Cr.P.C seeking anticipatory bail in Crime No.56/2017 registered by the respondent-police under Section 4(1A), 21 of MMDR Act, 1957 and Sections 42 and 44 of KMMC Rules, 1994 read with Section 379 of IPC.
3. Learned SPP has not filed written objections to the petition. However in the course of hearing, learned SPP submits that charge sheet has already been laid against the petitioner. The earlier application moved by the petitioner before the Principal Sessions Judge at Hassan under Section 438 of Cr.P.C has been rejected by order dated 18.03.2017 in Crl. Misc. Petition No.307/2017.
4. The allegations are that the lorry owned by the petitioner was found transporting sand illegally without any valid permit and when the said lorry was intercepted the driver abandoned the vehicle and ran away from the sport. The lorry bearing regn.No.KA-19-B-2415 along with sand was seized. On perusal of the charge sheet copy, it is seen that the accused named therein is described as `Soma @ deadly Soma’, S/o Madegowda. The seized vehicle is described as KA-19-B-2415.
5. The petitioner herein claims to be the owner of the said lorry. However as the charge sheet is laid against a different person, there is absolutely no apprehension of petitioner being arrested. In the absence of any apprehension of arrest, petition under Section 438 of Cr.P.C cannot be maintained. Hence, petition is dismissed.
Sd/- JUDGE SBN