IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8185 OF 2019 Between:
Sri Vijaykumar K K S/o Kalegowda Aged about 40 years Residing at K.Bettahalli Village Kasaba Hobli Pandavapura Taluk Mandya District 571 426 (By Shri Srinivasa D.C., Advocate) And:
State of Karnataka By K.R. Sagara Police Represented by The State Public Prosecutor High Court of Karnataka Bangalore – 560 001 (By Shri Rohit, B.J., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.167 of 2016 registered by K.R. Sagara Police Station, Mandya for the offence punishable under Sections 379 of the Indian Penal Code and Sections 4(1), 4(1A), 21(3), 21(1) and 21(4) of Mines and Minerals (Regulation and Development) Act ad Rule 42, 44, 3(1) of Karnataka Minor Mineral Concession Rules.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel appearing for both sides and perused the records.
2. The respondent-police have registered a case in Crime No.167 of 2016 and after investigation filed charge sheet in CC No.30 of 2019 on the file of Prl. Civil Judge and JMFC, Pandavapura for the offence punishable under Sections 4(1), 4(1A), 21(3), 21(1) and 21(4) of Mines and Minerals (Regulation and Development) Act and Rules 42, 44, 3(1) of Karnataka Minor Mineral Concession Rules.
3. The allegation is that on 04th August, 2016 at about 10.30 a.m. near North gate Power House bridge, the accused No.1-driver of the tractor bearing registration No. KA-12-TA-6522, was stealthily transporting sand in the said tractor; the same was intercepted, and in spite of giving direction the accused No.1 did not stop the tractor and after some distance he stopped the vehicle and ran away from the spot. The petitioner who is the owner of the said tractor, has also been charge sheeted for the above said offences. The collusion between the accused Nos.1 and 2 has to be established during the course of full- fledged trial that with knowledge of this petitioner the same has been done by accused No.1. As there is no previous antecedent allegation against the petitioner, in my opinion, the petitioner is entitled to be enlarged on anticipatory bail. Hence the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in event of his arrest in connection with Crime No.167/2016 of K.R. Sagar Police Station, Mandya (CC No.30/2019) for the alleged offences subject to the following conditions.
(i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the concerned Jurisdictional Court;
(ii) The Petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
(iv) The petitioner shall not leave the jurisdiction of the Trial Courtwithout prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
(v) The petitioner shall mark his attendance once in 15 days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
lnn SD/- JUDGE