IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8248/2017 BETWEEN:
1. Sri G Vishwanatha S/o Late Govindappa Aged about 35 years 2. Smt Girijamma W/o Late Govindappa Aged about 50 years Both are R/o Janakallu Bukkapatna Hobli Sira Taluk-572 115.
Tumkuru District. ... PETITIONERS (By Sri Ramesh K R, Adv.) AND:
State by Sira Town Police Sira, Tumkur District-572 115. Represented by the 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 the Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.352/2017 of Sira P.S., Tumkuru District, for the offences P/U/Ss 21, 4(1A) of Mines and Minerals (Development and Regulation) Act, 1957 and 44(2) of the Karnataka Minor Minerals Concession Rules, 1994.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioners on bail in the event of their arrest for the offences punishable under Section 44(2) of the Karnataka Minor Minerals Concession Rules, 1994 r/w Section 379 of IPC and also under Section 4(1A) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 registered in respondent police station Crime No.352/2017.
2. The case of the prosecution as per the complaint averment in brief is that the petitioners committed theft of sand and illegally loaded and transporting the same in the tractor trailer. Immediately, the complainant along with staff went to the said place. After seeing the police jeep, the driver of the tractor trailer ran away leaving the tractor there itself. The tractor as well as the loaded sand were seized under the mahazar in the presence of panch witnesses.
3. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
5. Though there is an allegation that the petitioners committed the said offences, but they have denied those allegations contending that there is a false implication. Apart from that, even according to the prosecution, the tractor with trailer and the loaded sand have been already seized in the presence of panch witnesses. Therefore, nothing further is to be seized from the possession of the petitioners, at present. The alleged offences are triable by the Magistrate Court and are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioners can be granted with anticipatory bail.
6. Accordingly, petition is allowed. The respondent-Police are directed to enlarge the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 44(2) of the Karnataka Minor Minerals Concession Rules, 1994 r/w Section 379 of IPC and also under Section 4(1A) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 registered in respondent police station Crime No.352/2017, subject to the following conditions:
i. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each and shall furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners shall make themselves available before the Investigating Officer for interrogation as and when called for and to cooperate with the further investigation.
iv. Petitioners shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp