IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION NO.2219 of 2019 C/W CRIMINAL PETITION NO.2088 of 2019, CRIMINAL PETITION NO.2392 of 2019, CRIMINAL PETITION NO.2450 of 2019 AND CRIMINAL PETITION NO.2478 of 2019 IN CRL.P.No.2219 Of 2019:
BETWEEN SRI SHIVALINGAPPA, S/O. RUDRAPPA, AGED ABOUT 39 YEARS, HEAD CONSTABLE (CHC-1164), PILLEKERANAHALLI VILLAGE, CHITRADURGA DISTRICT – 577 501.
(BY SRI SRINIVAS N., ADVOCATE) AND STATE OF KARNATAKA BY CHITRADURGA RURAL RAMPURA POLICE STATION, CHITRADURGA DISTRICT – 577 501. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001.
(BY SRI I.S. PRAMOD CHANDRA, SPP-II) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.10/2019 OF RAMPURA POLICE STATION, CHITRADURGA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 120B, 379 OF IPC AND SECTIONS 21(1), 21(4), 21(4A), OF MMRD ACT.
IN CRL.P.No.2088 Of 2019: BETWEEN SRI ASHOK KUMAR @ JIMMI, S/O. R. BHOGESH, AGED ABOUT 36 YEARS, AGRICULTURIST, RESIDING AT RANGAIAHNABAGILU, CHITRADURGA TALUK, CHITRADURGA DISTRICT – 577 520.
(BY SRI LOURDU MARIYAPPA A., ADVOCATE) AND THE STATE OF KARNATAKA, REPRESENTED BY SUB-INSPECTOR, STATE BY SHO RAMPURA POLICE STATION, MOLAKALMUR TALUK, CHITRADURGA DISTRICT -577 535.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
(BY SRI I.S. PRAMOD CHANDRA, SPP-II) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.10/2019 (CRL.MISC.No.189/2019) OF RAMPURA POLICE STATION, CHITRADURGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 379 OF IPC AND SECTION 4(1), 21(1) OF MMDR ACT.
IN CRL.P.No.2392 Of 2019: BETWEEN SRI RAMESHA R., S/O. RAJAPPA, AGED ABOUT 28 YEARS, LORRY OWNER, RESIDING AT OLD B.B.H. ROAD, BHEEMASAMUDRA VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT – 577 520.
(BY SRI LOURDU MARIYAPPA A., ADVOCATE) AND THE STATE OF KARNATAKA, REPRESENTED BY SUB-INSPECTOR, STATE BY SHO RAMPURA POLICE STATION, MOLAKALMUR TALUK, CHITRADURGA DISTRICT – 577 520.
(BY SRI I.S. PRAMOD CHANDRA, SPP-II) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.10/2019 OF RAMPURA POLICE STATION, CHITRADURGA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 21(1), 21(4), 21(4A) OF MMRD ACT READ WITH SECTION 379 OF IPC.
IN CRL.P.No.2450 OF 2019: BETWEEN MARUTHI, S/O. BHEEMAPPA, AGED ABOUT 38 YEARS, RESIDENT OF V. PALYA VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 001.
(BY SRI SHEKHAR BADIGER, ADVOCATE) AND THE STATE OF KARNATAKA, BY RAMPURA POLICE STATION, CHITRADURGA - 577 001.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT PREMISES, BENGALURU CITY - 560 001.
(BY SRI I.S. PRAMOD CHANDRA, SPP-II) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.10/2019 OF RAMPURA POLICE STATION, CHITRADURGA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 379 OF IPC AND SECTIONS 21(1), 21(4) OF MMDR ACT.
IN CRL.P.No.2478 Of 2019:
BETWEEN 1. M.D. KHAZAPEER@DHANNU, S/O. LATE MOHAMMED SHAFFIULLA, AGED ABOUT 42 YEARS, RESIDING AT NEAR VENKATESHWARA TALKIES, CHITRADURGA TOWN, CHITRADURGA – 577 501.
2. HUSSAIN KHAN, S/O. MAQBOOL KHAN, RESIDING AT AGRICULTURIST AND BASAVESHWARA TALKIES, DARGA COMPOUND CHITRADURGA DISTRICT, CHITRADURGA – 577 501.
AND ... PETITIONERS (BY SRI LOURDU MARIYAPPA A., ADVOCATE) THE STATE OF KARNATAKA, REPRESENTED BY SUB-INSPECTOR, STATE BY SHO RAMPURA POLICE STATION, MOLAKALMUR TALUK, CHITRADURGA DISTRICT – 577 501. (BY SRI I.S. PRAMOD CHANDRA, SPP-II) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.10/2019 OF RAMPURA POLICE STATION, CHITRADURGA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 379 OF IPC AND SECTIONS 21(1), 21(4) OF MMDR ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner in Criminal Petition No. 2219/2019 is accused No.10; the petitioner in Criminal Petition No. 2088/2019 is accused No.4; the petitioner in Criminal Petition No. 2392/2019 is accused No.5 have filed these petitions under Section 439 of Code of Criminal Procedure, 1973 for granting regular bail.
2. The petitioners in Criminal Petition No.2478/2019 were accused Nos.6 and 7 and the petitioner in Criminal Petition No. 2450/2019 is accused No.8 have filed these petitions under Section 438 of Code of Criminal Procedure for granting Anticipatory Bail.
3. All these petitioners are accused in Crime No.10/2019 registered by the Rampura Police Station, Molakalmuru Taluk, Chitradurga District for the offences punishable under Section 379 of IPC and under Sections 21(1), 21(4), 21(4A) of Mines and Minerals (Regulation and Development) Act (for short M.M.R.D. Act) pending on the file of 1st Additional Civil Judge, JMFC at Molakalmuru.
4. The allegations against the petitioners are that, on the information revealed by accused Nos.1 to 3, who were arrested by the Police on 28.01.2019 on the complaint filed by the Deputy Director of Mines and Geology Department before Police alleging that, on the receipt of the credible information, he went and saw that lorries bearing No.KA- 16/SI-3337 (KA-16/C-3337), KA-17/E-6759 and KA-34/E-
4579 were transporting the iron ore illegally and then were arrested by the Police. While in the investigation, it was revealed that these petitioners were also involved in the alleged offence.
5. The petitioner in Crl.P.No.2219/2019 who is accused No.10 is said to be the Constable working in the Rampura Police Station, Chitraduraga Town Police. Accused Nos.4 and 5 were involved in one more case alongwith the co- accused and thereafter, they have been arrested by the Police and they have been in custody. The petitioners in Crl.P.No.2478/2019 who are accused Nos.6 and 7 and accused No.8 who is the petitioner in Crl.P.No.2450/2019 were also apprehending their arrest in the hands of the Police for having committed non-bailable offence and hence, they have filed a petition for grant of anticipatory bail.
6. The learned counsel for the petitioners contended that there is no direct allegation against these petitioners and on relying upon the voluntary statement of the co- accused, the names of these petitioners were implicated by the Police. The Police have already seized the lorries and iron ores. Accused No.10 who is said to be the Constable gave some information to the accused persons during the odd hours in the night. Accused No.5 who is the petitioner in Crl.P.No.2392/2019 is said to be the owner of the third vehicle seized by the Police except the allegation that he was the owner of the Lorry, there is no evidence collected and placed before the Court to show that these petitioners were directly involved in the commission of the alleged offence punishable under Section M.M.R.D. Act. The counsel also contended that the Police cannot register a case and file F.I.R. under the M.M.R.D. Act and the Mines and Geological Department required to file private complaint before the Court. Therefore, registering the case both under IPC and M.M.R.D. Act by the Police is against the guidelines issued by this Court in the case of Vivek and another vs. State of Karnataka reported in 2018(2) KCCR 1239.
7. The learned counsel for the petitioners submitted that accused No.11 is said to be the Head Constable has been granted bail by this Court in Crl.P.No.1999/2019, dated 02.04.2019. The allegation against these petitioners are not sufficient for having committed the alleged offence. Hence, prayed for granting of bail.
8. Per contra the learned SPP-II objected the bail petition on the ground that some of the petitioners were the owner of the lorry and their names were revealed by the drivers of the lorry who were arrested by the Police. The investigation is still pending. Hence, prayed for dismissing the petitions.
9. Upon hearing the arguments of both the learned counsel and on perusal of the records, accused Nos. 1 to 3 have been arrested by the Police on the information given by the Deputy Director, Mines and Geology Department. During the investigation, accused Nos. 1 to 3 revealed the names of the petitioners. Though the investigation yet to complete but the accused No.11 who is the Head Constable has already been granted bail in Cr.No.1999/2019.
10. On perusal of the records which goes shows that the Police have registered the case against the drivers and the owners of the lorry without mentioning their names for offence under Section 379 of IPC and subsequently, the Deputy Director of Mines and Geology Department said to have filed private complaint against these petitioners for the offences under the M.M.R.D. Act. Therefore, it cannot be said to be any violation of the guidelines issued by this Court in the case of Vivek and others stated supra. However, the petitioners were arrested by the Police in February 2019 itself and almost two months over. They may not be required for any further investigation. The petitioner-accused Nos.6 to 8 were apprehending their arrest in the said case, but there is no material placed on record to show their actual participation in the commission of crime. Though the alleged offence is non-bailable, but not punishable with death or imprisonment for life.
11. Therefore, considering the facts and circumstances of the case by imposing certain stringent conditions if the petitioners are granted bail, no prejudice would cause to the prosecution case. Accordingly, the petitions are allowed.
12. The petitioner-accused No.10 in Crl.P.No.2219/2019; the petitioner-accused No.5 in 2392/2019 and the petitioner-accused No.4 in 2088/2019 are ordered to be released on bail and the respondent Police are directed to release the petitioner-accused Nos. 6 and 7 in Crl.P.No.2478/2019, the petitioner-accused No.8 in Crl.P.No.2450/2019 on bail in the event of their arrest, in Crime No.10/2019 of Rampura Police Station, Molakalmuru Taluk, Chitradurga District for the offence punishable under Section 379 of IPC and under Sections 21(1), 21(4), 21(4A) of M.M.R.D. Act subject to the following conditions:-
(i) Petitioners shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with a surety for the likesum to the satisfaction of the trial Court/Magistrate Court/Investigating Officer as the case may be;
(ii) Petitioners shall not indulge in similar offences strictly;
(iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioners shall not leave the jurisdiction without prior permission of the trial Court, and (v) Petitioners shall appear before the Investigating Officer once in 15 days on every 2nd and 16th of the every calendar month for the period of 3 months are till filing the charge sheet whichever is earlier.
(vi) The petitioner in Crl.P.No.2478/2019 and Crl.P.No.2450/2019 shall surrender before the Investigating Officer within 15 days from the date of receipt of the order of this Court.
SD/- JUDGE GBB