IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO. 4507 OF 2017 BETWEEN:
1. S.M.SOMASHEKHAR, S/O NAGARAJAPPA, AGED ABOUT 32 YEARS, R/AT KURUCHARA COLONY, SAPTHAGIRI EXTENSION, SIRA TOWN, SIRA TALUK, TUMKURU DISTRICT-572137.
2. S.GIRISH, S/O SOMANNA, AGED ABOUT 32 YEARS, R/AT KAREKALLAHATTI, SIRA TOWN, SIRA TALUK, TUMKURU DISTRICT-572137.
(BY SRI.SANMUKH REDDY, ADVOCATE FOR SRI.M.SHASHIDHARA, ADVOCATE) …PETITIONERS AND:
STATE OF KARNATAKA, BY SIRA TOWN POLICE STATION, TUMKUR DISTRICT, REPRESENTED BY S.P.P., HIGH COURT BUILDING, BANGALORE-560001.
(BY SRI.S.VISHWAMURTHY, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.185/2017 OF SIRA TOWN POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 379 OF IPC AND SECTION 21, 3(1) OF M.M.R.D. ACT AND RULE 44(2) OF K.M.M.C.RULES.
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 petitioners and the learned HCGP for the respondent.
2. The petitioners apprehend their arrest in Crime No.185/2017 registered by the respondent police in respect of the offences punishable under Section 379 of Indian Penal Code and Section 21, 3(1) of Mines and Minerals Regulation (Development and Regulation) Act, 1957 and Rule 44 (2) of Karnataka Miner Mineral Consistent Rules, 1994.
3. The allegation is on 13.05.2017 the Trailor bearing registration No.AP-04-X-2717 along with an unregistered Tractor was found loaded with 15 basket of sand on seeing the police personnels the man on the wheels disappeared. The first petitioner claims to be the driver of the said vehicle. The second petitioner is said to be the GPA holder of the vehicle.
4. Learned counsel for the petitioners submits that in so far as the first petitioner is concerned the petition may be dismissed as not pressed since he intends to surrender before the concerned court and move for bail. Further, in so far the second petitioner is concerned, learned HCGP submits that his apprehension of arrest is without any basis. Since he is not the owner of the vehicle and was not found at the spot when the vehicle was seized along with incriminating material.
5. In that view of the matter the petition is dismissed. However, if the first petitioner serves advance copy of the bail petition to the public prosecutor attached to the Special Court and surrenders, moves for bail, the same shall be considered in accordance with law as expeditiously as possible.
Chs* Sd/- JUDGE