IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8516/2017 BETWEEN:
Sri Yallesh D S/o Dasappa Aged about 30 years R/at Antharasanahalli Village Arakere Post Kasaba Hobli Tumkur Taluk Tumkur District-572 129. ... PETITIONER (By Sri Manu Shankar S S, Adv.) AND:
State by Kallambella Police Station Shira Taluk Tumkur District Police Station Represented by the State Public Prosecutor High Court of Karnataka Bangalore-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) 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 Cr.No.217/2017 of Kallambella P.S., Tumkuru District, for the offence P/U/S 379 of IPC and Sections 21(1), 21(2), 4(1A) of Mines and Minerals Development Regulation Act and Rule 44 of Karnataka Minor Mineral Concession Rule.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the accused No.3 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 379 of IPC, Sections 21(1), 21(2), 4(1A) of the Mines and Minerals (Development and Regulation) Act, 1957 and also under Section 44 of the Karnataka Minor Mineral Concession Rules 1994.
2. Brief facts of the prosecution case are that petitioner along with other accused persons were transporting sand illegally in a lorry bearing No.KA-35- A-7038 and when the lorry was intercepted by the complainant, it was noticed that there were no documents like licence or permit for transportation of the said sand. The sand along with lorry were seized in the presence of panch witnesses under the panchanama. On the basis of the said complaint, case was registered for the above said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
4. In the bail petition in paragraph No.4 of page No.5 though it is stated by the petitioner that he has been apprehended, but the learned counsel for the petitioner has made it clear that by oversight it is mentioned and in fact petitioner is not apprehended and as such, this anticipatory bail petition is filed.
5. Learned counsel for the petitioner has submitted that petitioner herein is the owner of the lorry and he was not present at the spot. Only on the voluntary statement of accused No.1 he has been involved as accused No.3 in the case.
6. Per-contra, learned High Court Government Pleader during the course of his arguments submitted that petitioner is not apprehended. The vehicle as well as the sand has been already seized and nothing further is to be seized from the petitioner.
7. Petitioner has denied the allegations in the complaint and contended that he is ready to abide by any reasonable conditions to be imposed by the Court. The offences alleged are triable by the Magistrate Court and are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be granted with anticipatory bail.
8. Accordingly, petition is allowed. The respondent-Police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 379 of IPC, Sections 21(1), 21(2), 4(1A) of the Mines and Minerals (Development and Regulation) Act, 1957 and also under Section 44 of the Karnataka Minor Mineral Concession Rules 1994, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp