IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6673/2019 BETWEEN SALEEM PASHA @ SALEEM S/O AMEER JAN AGED ABOUT 33 YEARS, R/O NO.241/1 3RD CROSS SHANTHINAGAR, MSYORE-570039 ...PETITIONER (BY SRI NAGESH KUMAR T K, ADVOCATE) AND STATE BY SPECIAL TASK FORCE (MINES) MANDYA, REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE-560001.
(BY SRI ROHITH B J, HCGP) RESPONDENT 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 MOC.NO.DMG/MANDYA 07/18 FOR THE OFFENCE P/U/S.4(1),4(1A),21(1) AND 23(1) OF MM(DR) ACT 1957 R/W SEC.378 AND 379 OF IPC R/W SEC.3(1)42(1) AND 43 OF KARNATAKA MINERAL CONCESSION RULES 1994.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is a driver of a Mini Lorry bearing registration No.KL-13-R-4741. When the said vehicle was intercepted by the Police on 09.11.2018 they found the crushed stones inside the said vehicle. The said vehicle was brought to the Police Station and the items which were there in the Lorry were seized along with the Lorry.
3. The petitioner is a driver, but he did not know whether the owner of the said Lorry and the person who loaded the same were having any licence to transport the same or not. In order to prove the allegation against the petitioner during the course of evidence, it has to be established that he also knew that the said crushed stones were being transported or crushed without licence from the Government. Under the above said circumstances, the petitioner is entitled to be enlarged on bail on stringent conditions. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with MOC No.DMG/Mandya/07/2018 on the file of Civil Judge & JMFC, Srirangapatna, Mandya District, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE JT/-