IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4742/2019 BETWEEN:
Sri. Sathisha, S/o. Jagadisha, Aged about 28 years, R/at Chikkabyadagere village, Belur taluk, Hassan district-23. ... Petitioner (By Sri. Pratheep K.C., Advocate) AND:
The State of Karnataka, Rep. by Javagal Police, Hassan district, Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.15/2017 of Javagal Police Station, Hassan for the offences punishable under Section 379 of IPC and Sections 4 and 21 of MMDR Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest in Crime No.15/2017 for the offences punishable under Section 379 of IPC and Sections 4 and 21 of Mines and Minerals Regulation of Development Act, 1957 (‘MMDR Act’ for short).
2. The case of the prosecution is that on 18.03.2017 when the complainant and his staff were patrolling, they noticed a lorry coming from Doddakodihally to Javagal and when the vehicle was stopped, the driver of the lorry abandoned the vehicle and ran away. On the basis of the said incident, a complaint was lodged.
3. Learned counsel for the petitioner states that insofar as the offences under MMDR Act is concerned, a separate complaint (PCR) will have to be made and the present proceedings would be only as regards the offence under Section 379 of IPC. It is further stated that in light of the offence that is made out and also that the sand has been seized, the custodial interrogation of the petitioner as such would not be required.
4. Taking note of the present proceedings and that the offence that is made out is essentially under Section 379 of IPC and that the sand in the lorry has been seized, the petitioner may be enlarged on bail by imposing necessary conditions to ensure co-operation in further investigation.
5. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.15/2017 for the offences punishable under Section 379 of IPC and Sections 4 and 21 of Mines and Minerals Regulation of Development Act, 1957, subject to the following conditions:-
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.15/2017 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer, Javagal Police Station, Hassan once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/-
JUDGE SJK