IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6088/2017 BETWEEN:
1. Prathapa, S/o. Rajaiah, Aged about 29 years.
2. Dharani, S/o. Swamy, Aged aboutr 31 years.
Both are residents of Athni Village, Kasaba Hobli, Arkalgud Taluk, Hassan District -573102 ... Petitioners (By Sri. Murthy D.L, Advocate) AND:
State by Arkalgud Police Station. … Respondent (By. Sri. S. Vishwamurthy, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of their arrest in crime No.196/2017 of Arakalagud Police Station, Hassan District for the offence p/u/s 379 of IPC and Section 4 (1A) and 21 of MMRD Act.
This Criminal Petition is coming on for orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the respondent.
2. Petitioners arrayed as accused No.2 and accused No.3 at column-6 of the First Investigation Report.
3. Petitioners apprehend their arrest by the respondent police in their crime No. 196/2017 registered in respect of the offence punishable under Section 379 of IPC.
4. The allegation is, on 01.06.2017 during the morning hours three persons were found loading a bullock cart with sand from the river bank.
5. Learned counsel for the petitioners submits that the second petitioner is the owner of the bullock cart. As shown in the complaint itself the bullocks were not present at the spot. That being so, the question of illegal transportation of the sand will not arise. The petitioners dispute the allegation. If anticipatory bail is granted they will appear before the Investigating Officer and cooperate with the investigation.
6. In the light of the above, the petition is allowed. Petitioners are granted anticipatory bail in respect of the crime No. 196/2017 registered by the respondent police subject to condition:
They shall forthwith appear before the respondent Investigating Officer. In that event the Investigating Officer is at liberty to interrogate them. In case of their arrest by the Investigating Officer in respect of the above case, they shall be released on bail on each executing a self bond for a sum of Rs.50,000/- with one surety to the likesum and they shall not repeat same activity.
Sd/- JUDGE BVK