IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7017/2017 BETWEEN:
1. Sri. Nagesh S.M., S/o. Manjegowda, Aged about 37 years 2. Sri. Krishnegowda, S/o. Puttegowda, Aged about 53 years Both are r/o S. Somanahalli Village, Arehalli Hobli, Belur Taluk, Hassan District – 573 201.
(By Sri. K.R.Lingaraju, Adv.) ... Petitioners AND:
State by: Belur Police, Represented by its S.P.P., High Court of Karnataka, Bengaluru – 560 001.
(By Sri. Chetan Desai, HCGP) ...Respondent This Criminal Petition is filed under Section 438 Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.110/2017 of Beluru Police Station, Hassan, for the offence p/u/s 379 of IPC and Sec.21(1) and 4(1A) of M.M.R.D. Act.
This Criminal Petition coming on for orders this day, the court made the following:
O R D E R 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 alleged offences punishable under Section 379 of IPC r/w Section 21(1), 4(1A) of the MMDR (Mines and Minerals Regulation of Development) Act, 1957, registered in respondent police station Crime No.110/2017.
2. The brief facts of the prosecution case as per the complaint averments is that the petitioner/accused No.1 was involved in transporting sand in the tractor without possessing the permit or the license from the competent Authority. When the police authority inspected the said vehicle and after seeing the police personnel the driver of the vehicle by leaving the said vehicle there itself ran away. The tractor with trailer and the sand were seized in the presence of pancha witnesses. On the basis of the said pancha witnesses case came to be registered for the said offence.
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. As per the case of the prosecution petitioner/accused No.1 being the driver of the said vehicle and petitioner/accused No.2 is the owner of the said vehicle. In the bail petition, the petitioners have contended that they were not at all involved in committing the said offence, there is a false implication of both the petitioners by the police. They have undertaken that they are ready to abide by any reasonable conditions to be imposed by the Court.
5. As per the prosecution, the tractor with trailer and the sand which alleged to have been loaded in the tractor are seized in the presence of pancha witnesses, for the present nothing further is to be seized from the present petitioners. The alleged offence is to be tried by the magistrate court and is not exclusively punishable with death or imprisonment for life. Hence, petition is allowed. The respondent-police is hereby directed to enlarge the petitioners on bail in the event of their arrest for the alleged offence punishable under Sections 379 of IPC r/w Section 21(1), 4(1A) of the MMDR (Mines and Minerals Regulation of Development) Act, 1957 registered in respondent police station Crime No.110/2017, subject to the following conditions:
i. Petitioners shall execute a personal bond for Rs.50,000/- each and have to 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 have to make themselves available before the Investigating Officer for interrogation as and when called for and to cooperate with further investigation.
iv. The 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 Sv/-