IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8525/2018 BETWEEN:
1. Shivanna, S/o Singrigowda, Aged about 50 years, R/a Singona Halli Village, Kunigal Taluk, Tumakuru District.
2. Kumara, S/o Singrigowda, Aged about 45 years, R/a Singona Halli Village, Kunigal Taluk, Tumakuru District.
(By Sri.B.K.Manjunath, Advocate) AND:
State by C.S.Pura Police, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001.
… Petitioners … Respondent (By Smt.Namitha Mahesh B.G. HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.107/2018 registered by Chandrashekarapura Police Station, Tumakuru for the offence P/U/S. 379 of IPC.
This Criminal Petition coming on for Orders, this day the Court made the following:-
O R D E R The present petition has been filed by the petitioners/ accused Nos.1 and 2 under Section 438 of Cr.P.C. to release them on anticipatory bail in Crime No.107/2018 of C.S. Pura Police Station, Gubbi Taluk.
2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint are that C.S.Pura Police filed a complaint on 23.10.2018 alleging that at about 11.00 a.m. while the complainant was on rounds, he saw the sand being loaded in a tractor-trailer near Naranahalli tank bund for transportation and immediately he rushed to the spot along with his staff and by seeing the police the persons who are there ran away from the place. Complainant registered a suo motu case against the unknown driver and owner of the tractor bearing Registration No.KA.06 TB.585-586 for the offence punishable under Section 379 of the IPC.
4. It is submitted by the learned counsel for the petitioners/accused that the said sand was carrying for the purpose of repairing his house and not for having any intention to commit any offence. He further submitted that the alleged offences are not punishable with death or imprisonment for life. He is a permanent resident of Sigonahalli Village, Tumkur Taluk and they are agriculturists and they are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release them on anticipatory bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the said tractor and trailer were seized on the spot and there was not having any licence or permit to transport the sand from the said place. The petitioners/accused are habitual offenders involved in illegal transporting the sand. If they are released on bail they may again indulged in similar type of criminal activities. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the complaint and other materials which have been produced along with the petition and the submissions made by the learned counsel appearing for the parties and I have gone through the records.
7. The only allegation made against the petitioners are that on credible information, the complaint went to the spot and he saw the sand being loaded with the tractor and trailer bearing Registration No.KA.06 TB,585-586. He rushed to the spot and a suo-motu complaint has been registered. Whether the petitioners/accused are involved in the alleged offence or not is a matter to be considered at the time of trial. The offence is neither punishable with death nor imprisonment for life. It is submitted by the learned counsel for the petitioners that they are agriculturists and they are ready to abide by the conditions imposed by this Court.
8. Under the above said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioners/accused are enlarged on bail, it is going to meet the ends of justice.
9. Accordingly, the petition is allowed and the petitioners are granted anticipatory bail. In the event of their arrest in Crime No.107/2018, the petitioners herein are ordered to be released on bail, subject to the following conditions:-
i) Each of the petitioners shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) They shall surrender before the Investigating Officer within fifteen days from the date of receipt of Certified Copy of this order.
iii) They shall co-operate with the Investigating Officer as and when required.
iv) They shall not tamper with the prosecution evidence in any manner.
v) They shall not involve in similar type of criminal activities.
vi) They shall not leave the jurisdiction of the trial Court without prior permission.
In view of disposal of the petition, IA No.1/2018 is disposed of as not maintainable.
*AP/-
Sd/- JUDGE