IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7764 OF 2017 BETWEEN:
1. Sri Rajesh, S/o Sri Maridimmaiah, Aged about 31 years, r/o Sanaba village, Amruthur Hobli, Kunigal Taluk, Tumakuru District-572 111.
(Driver-cum-R.C., owner of Tractor Bearing Reg.No.KA-06-TB-2247 Engine NO.NJJWOOO23) 2. Sri Cahnnegowda, S/o late Sri Venkatappa, Aged about 45 years, r/o Sanaba village, Amruthur Hobli, Kunigal Taluk, Tumakuru District-572 111.
(Owner of Trailer Reg.No.KA-06-TB-6038) ….. Petitioners (Sri C.R.Gopalaswamy, Advocate) AND State of Karnataka By Huliyurdurga Police, Represented by, State Public Prosecutor, High Court Building Bengaluru-560 001. …Respondent (Sri S.Vishwamurthy, HCGP.) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.177/2016 of Huliyuru Durga Police Station, Tumakuru for the offences P/U/S 379 of IPC and Sections 4(1), 4(1A), 21(1) of MMDR Act and Rule 44(1) of KMMCR.
This Criminal Petition is coming for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
2. The petitioners apprehend arrest by the respondent police in their Crime No.177/2017 registered in respect of the offences punishable under Sections 4(1), 4(1A), 21(1) of MMRD Act, 1957, Section 44(1) of KMMCR, 1994, read with Section 379 of IPC.
3. The allegation is, the Tractor under the ownership of the 1st petitioner and the Trailer under the ownership of the 2nd petitioner were found transporting sand illegally. On seeing the police personnel, the man on the wheels disappeared.
4. Learned counsel for the petitioners submits that one Jagadish S/o Byrappa of Andalapur village, Kuppa hobli, Tumkur District was the driver at the time of alleged incident. Neither they had instructed the driver to use the vehicle for illegal activities nor they had knowledge of the alleged incident.
Considering the nature of the allegation, the petition is allowed. Petitioners are granted anticipatory bail in Crime No.177/2017 registered by the respondent-Police, on the following conditions:
(1) They shall forthwith appear before the respondent-Investigating Officer. In that event, the Investigating Officer is at liberty to interrogate them.
(2) In the event of their arrest by the respondent-Investigating Officer, they shall be released on bail by executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with one surety for the likesum to the satisfaction of the concerned Court.
(3) They shall not use their vehicle for illegal activities.
Sd/- Judge Mkm/-