IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4946/2019 BETWEEN SANATH. D. M S/O LATE MAYIGOWDA AGED 23 YEARS R/AT. NO. 158, 3RD CROSS MADEGOWDA LAYOUT BHARATHI NAGARA MADDUR TALUK MANDYA DISTRICT – 571 422 ... PETITIONER (BY SRI. K. N. NARAYANASWAMY, ADVOCATE) AND THE STATE OF KARNATAKA MADDUR POLICE STATION REP. BY THE STATION HOUSE OFFICER HIGH COURT OF KARNATAKA BENGALURU – 560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.333/2014 OF MADDUR POLICE STATION, MANDYA FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 OF KARNATAKA MINOR MINERAL CONCESSION RULE 1994 AND UNDER SECTION 4 AND 21(1) OF MINES AND MINERALS DEVELOPMENT AND REGULATION ACT, 1957 AND UNDER SECTION 188 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. The allegations made against the petitioner/accused in brief are that, he is the owner of vehicle TATA ACE bearing Registration No.KA.09-B.9119. It is alleged that on 24.07.2014 at about 5.00 p.m., on receiving credible information that this petitioner has been transporting sand illegally from Shimsha river. Immediately the respondent-police went to that spot and caught hold the driver of the said vehicle and while interrogation, the driver of the said vehicle, disclosed the name of this petitioner/accused. Therefore, on that ground, the police have registered a case against the petitioner in Crime No.333/2014 for the offences punishable under Rule 3 of Karnataka Minor Mineral Concession Rule, 1994 and also under Section 4 and 21(1) of Mines and Minerals Development and Regulation Act, 1957 and also under Section 188 of IPC, which is now pending on the file of Additional Civil Judge (JR.Dn.) and JMFC at Maddur, Mandya District.
3. The petitioner’s counsel contended that, the petitioner do not know about the said incident and he came to know about registration of the said case only when the warrant has been issued to him by the court.
4. During the course of arguments, the learned HCGP submitted that, there are no other cases pending against this petitioner. It appears, this is the first incident that happened. During the course of evidence, the prosecution has to establish that there was connivance between the driver and the owner (the petitioner herein) and under the onus of the owner, the driver has committed the said mistake. Therefore, in the above said circumstances, this being the first incident in his career, the petitioner is entitled to be enlarged on bail. Hence, the following order:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.333/2014 of Maddur Police station, Mandya District, which is now pending on the file of the Addl. Civil and Sessions Judge (JR.Dn.) and JMFC, Maddur, Mandya District, on following conditions:-
i) The petitioner/accused shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute 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 concerned Investigating Officer.
ii) The petitioner/accused shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused 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/accused shall not leave the jurisdiction of Mandya District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
KGR* Sd/-
JUDGE