IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.6270/2017 BETWEEN:
Sri Paramesh S/o Huligowda Aged about 48 years Agriculturist R/at Hoysala Extension Halebeedu Village Belur Taluk Hassan Taluk-573 121. .. PETITIONER (By Sri Kempe Gowda C M, Adv.) AND:
State of Karnataka By Halebeedu Police Belur Taluk Hassan District.
By State Public Prosecutor High Court Building Complex High Court of Karnataka Bangalore-560 001. .. RESPONDENT (By Sri K Nageshwarappa, HCGP) This criminal petition is filed under Section under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.151/2017 of Halebeedu P.S., Hassan for the offences punishable under Sections 379 and 420 of IPC and Sections 4(1A) and 21 of M.M.R.D. Act and Rule 3(1) of K.M.M.C. Rules.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-accused No.2 under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of his arrest, he be released on bail for the offences punishable under Sections 379 and 420 of IPC and Sections 4(1A) and 21 of M.M.R.D. Act and Rule 3(1) of K.M.M.C. Rules registered in respondent Police Station Crime No.151/2017.
2. Brief facts of the case are that on 12.06.2017 at 19.00 Hours, one Sri Renuka Prasad, Police Sub- Inspector of Halebeedu Police Station, Belur Taluk, Hassan District, appeared before the Station House Officer of Halebeedu Police and lodged a written complaint alleging that the petitioner and the other person were involved in transportation of sand illegally and when police stopped the driver of the lorry bearing No.KA-02- AB-4289, he ran away from the said place and thereby, cheated the Government. On the basis of the said complaint, the station house In-charge Officer, Assistant Sub-Inspector of the Halebeedu Police Station, registered a case in Crime No.151/2017 for the aforesaid offences.
3. I have heard the learned Counsel appearing for the petitioner-accused No.2 and the learned High Court Government Pleader appearing for the respondent-State.
4. The contention of the learned Counsel appearing for the petitioner, during the course of the arguments, is that petitioner is the owner of the lorry and he has obtained a valid permit and licence from the competent authority for transportation of sand. It is also his contention that the petitioner was not at all involved in the said offence. The complaint averments goes to show that at the spot, it is accused No.1-the driver of the lorry found driving the lorry, but after seeing the police, he stopped the driving and ran away from the spot. Whether the lorry given by owner to the lorry driver, for the purpose of transportation of sand illegally or not, is a matter of trial. The material prima facie goes to show that the petitioner is having permit and licence from the competent authority. The petitioner has contended that he is innocent and he has been falsely implicated in the case. The vehicle and the sand alleged to have been used for transportation are seized by the respondent police. Therefore, the petitioner can be admitted to the bail.
7. Accordingly, the petition is allowed. The respondent-police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 4(1A), 21 of MMRD Act and Section 379 of IPC registered in respondent Police Station Crime No.196/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and have to furnish one solvent 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 make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with the further investigation.
iv. Petitioner 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.
Cs/-
Sd/- JUDGE