IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF JULY 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.5096/2017 BETWEEN:
SAHERA BANU W/O ABDUL LATHEEF AGED ABOUT 35 YEARS R/AT NO.2-54, KADUMANE HOUSE UPPINANGADI KASABA HOBLI DAKSHINA KANNADA – 98. …PETITIONER (BY SRI PRATHEEP K.C., ADV.) AND:
THE STATE OF KARNATAKA REP. BY SAKALESHPURA TOWN POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. ...RESPONDENT (BY SRI CHETAN DESAI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.214/2015 OF SAKALESHPURA TOWN POLICE STATION, HASSAN, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 379 OF IPC, SEC.4(1A), 21 OF MMRD ACT, 1957.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner apprehends arrest by the respondent-police in their Cr.No.214/2015 registered for the offences under sections 4(1A), 21 of MMDR Act and section 379 of IPC.
3. The allegation is, a Bolero Pick up vehicle under the ownership of this petitioner was caught while illegally transporting sand.
4. Learned counsel for the petitioner submits that she had not instructed the driver of the vehicle to use the vehicle for illegal activities and she is innocent of the alleged offence and was not with the vehicle at the alleged time. She has got the vehicle released by the order of the Magistrate Court.
5. In the light of the above submission, the petition is allowed. Petitioner is granted anticipatory bail in Cr.No.21r/2015. In the event of her arrest by the respondent-Investigating Officer, she shall be released on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum.
Dvr:
Sd/- JUDGE