IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6679 OF 2018 BETWEEN:
Sri. Sathish K.P S/o Puttashamaiah, Aged about 36 years, Resident of Airtel Road, Kallur Village, Kadaba Hobli, Gubbi Taluk, Tumakuru District – 572 216. (By Sri. Chethan B, Advocate) AND State of Karnataka Chandrashekarapura Police Gubbi Circle.
Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(By Smt. Namitha Mahesh B.G., HCGP) ...Petitioner ...Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.75/2018 of Chandrashekarpura Police Station, Tumakuru for the offence punishable under Section 379 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Chandrashekarpura Police have registered Crime No.75/2018 against the driver and owner of Sonalika Company tractor-trailer on the basis of the complaint of M.G.Nagaraju, Police Inspector, DCIB Unit, Tumkur.
2. It is alleged that on 09.07.2018, at 6.30 p.m., when the complainant and his staff conducted raid at Simsha river bed, some persons were found illegally mining and loading the sand from the river bed to Sonalika Company tractor-trailer.
3. Petitioner is the son of the owner of the vehicle allegedly involved in the crime. The Sessions Court granted bail to the petitioner’s mother, who is the owner of the vehicle. The subject matter of the offence i.e., the vehicle and sand have already been seized.
4. Though it is contended that petitioner is involved in Crime No.44/2016 of respondent-Police station for the similar offence, it is submitted that he was granted bail in the said case. The custodial interrogation of petitioner may not be required as the incriminating material is already seized. The offence carries imprisonment upto 3 years. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
5. The petitioner is granted anticipatory bail in Crime No. 75/2018 of Chandrashekarpura Police Station, Tumakuru. If he is arrested in the said case, he shall be released on bail on the following conditions:
(i) Petitioner/accused No.1 shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of `50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer for his appearance.
(iii) He shall appear before the Investigating Officer as and when required for the purpose of investigation.
(iv) He shall not tamper the prosecution witnesses in any manner.
(v) He shall not indulge into similar activities.
In case petitioner violates any of the conditions, prosecution can seek cancellation of his bail.
Sd/- JUDGE Mds/-