IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8104 OF 2018 BETWEEN:
SANNAIAH S/O LATE NINGAPPA AGED ABOUT 46 YEARS R/O DODDAGRAHARA VILLAGE BUKKAPATTANA HOBLI SIRA TALUK, TUMKUR DISTRICT – 572 137 ...PETITIONER (BY SRI M.SHASHIDHARA, ADV.) AND STATE OF KARNATAKA BY KALLAMBELLA P.S., REPRESENTED BY S.P.P. HIGH COURT BUILDING BANGALORE – 560 001. ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) 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 CRIME NO.232/2018 OF KALLAMBELLA POLICE STATION, TUMAKURU DISTRICT FOR THE OFFENCE P/U/S 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Kallambella Police of Tumakuru District have registered Crime No.232/2018 against the driver and owner of Tractor-Trailor bearing engine No.TUA-6716 & KA-08T-1113 for the offence punishable under Section 379 of Indian Penal Code on the basis of the complaint of A.S.I., Kallambella Police Station.
2. It is alleged that on 02.10.2018 at 8.00 a.m. near Dodda Agrahara of Sira Taluk, the accused were illegally mining sand from the lake bed and transporting the same in the aforesaid tractor and trailor.
3. As per prosecution, on seeing raiding squad the accused escaped, the tractor-trailor & sand were seized under the mahazar. The petitioner is the registered owner of the tractor & trailor in question.
4. The offence under Section 379 of I.P.C. is punishable with imprisonment up-to three years and triable by the Magistrate. The subject matter of the offence is already recovered. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.232/2018 of Kallambella Police Station, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR