IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8905 OF 2017 Between:
Sathish S/o Thimmegowda Aged about 37 years R/at, Shankaranahalli Village Kattaya Hobli Hassan Taluk, Hassan District - 28 (By Sri. Pratheep K.C, Advocate) And:
The State of Karnataka, Rep. by Gorur Police Station, Hassan District.
... Petitioner ... Respondent (By Sri. Chetan Desai, HCGP) This 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.148/2017 of Goruru Police Station, Hassan District for the offence punishable under Sections 4(1), 4(1A), 21 of Mines and Minerals Regulation Development Act and Rules 3 and 42 of Karnataka Minor Mineral Concession Rule and Section 379 of IPC.
This petition coming on for Orders, this day, the court made the following:
ORDER This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 4(1), 4(1A) and 21 of Mines and Minerals Regulation Development Act and Rules 3 and 42 of Karnataka Minor Mineral Concession Rules and Section 379 of IPC registered in respondent police station in Crime No.148/2017.
2. The allegation of the prosecution as per the complaint averments is that the complainant found one Tractor bearing Registration No.KA-13-P-0326 loaded with the sand. After seeing the complainant, two persons fled away from the spot.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 so also the learned High Court Government Pleader appearing for the respondent-State.
4. Learned counsel for the petitioner submitted that the present petitioner is neither the driver nor the owner of the vehicle. He is the owner of the land in which the sand is alleged to have been loaded. It is also the contention of the learned counsel for the petitioner/accused No.3 that if there is any such allegation of loading of the sand from the said survey number, it is without the knowledge of the present petitioner/accused No.3. Hence, he submitted to allow the petition.
5. Learned High Court Government Pleader opposed the petition stating that there is no prima facie case against the petitioner.
6. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record. In ground No.5 of the bail petition, it is stated by the present petitioner that he is the owner of the land having no knowledge of mining being carried out in his land. He also contended that there is false implication. He is innocent and ready to abide by any conditions to be imposed by this Court. The alleged offences are triable by the Magistrate Court and they are not exclusively punishable with death or life imprisonment.
7. Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioner/accused No.3 on bail in the event of his arrest for the alleged offences punishable under Sections 4(1), 4(1A) and 21 of Mines and Minerals Regulation Development Act and Rules 3 and 42 of Karnataka Minor Mineral Concession Rules and Section 379 of IPC registered in respondent police station in Crime No.148/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioner shall appear before the Investigating Officer for interrogation as and when called for and cooperate with the further investigation.
iv. The petitioner shall appear before the concerned Court within 30 days from the date of this order and execute a personal bond and surety bond.
Sd/- JUDGE Mds