IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5198/2017 BETWEEN SRI. ODHA BHEMANNARA SURESH @ O.H. SURESH S/O. HANUMANTHAPPA AGE: 47 YEARS OCC: AGRICULTURIST R/O MATTI VILLAGE DAVANAGERE TQ AND DIST. – 577 002 (BY SRI.SREEHARSHA A.K., ADV.,) AND THE STATE OF KARNATAKA REPRESENTED BY POLICE SUB-INSPECTOR HADADI POLICE STATION DAVANAGERE DISTRICT – 577 002 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE – 560 001.
(BY SRI.CHETAN DESAI, HCGP.) ... PETITIONER ... RESPONDENT 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 CR.NO.108/2017 OF HADADI P.S., DAVANAGERE DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 21(1) OF MMRD ACT AND SECTION 379 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends his arrest by the respondent-police in respect of the offences punishable under Sections 21(1) of MMRD Act and Section 379 of IPC.
3. The allegations is, he had illegally stored about 25 trucks of sand of the value of Rs.50,000/- in the land of one Sri.T.Srinivasa.
4. Sri.Sreeharsha, A.K., learned counsel for the petitioner submits that the petitioner is innocent of the offence alleged and the incriminating material seized by the Investigating Officer does not belonging to him.
5. In the light of the above, petition is allowed.
Petitioner is granted anticipatory bail in Crime No.108/2017 registered by the respondent Police, subject to following conditions:
i) He shall forthwith appear before the respondent-Investigating Officer: in that event, the Investigating Officer is at liberty to interrogate him.
ii) If he is arrested by the respondent Investigating Officer, he shall be released on bail on executing self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum.
iii) He shall co-operate with the Investigating Officer during the course of investigation.
Sd/- JUDGE BS