IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION No.4093 OF 2017 BETWEEN:
JAGADEESHA, S/O MUDDAPPA, AGED ABOUT 46 YEARS, R/O MALAGURU VILLAGE, K.R.PET TALUK, MANDYA DISTRICT – 571401.
(BY SHRI. AJAY S., ADVOCATE) AND:
STATE BY HIRISAVE POLICE STATION. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
(BY SHRI. CHETAN DESAI, HCGP.) ... PETITIONER ... RESPONDENT THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C BY THE ADVOCATE FOR THE PETITONER, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO. 59/2016 OF HIRISAVE POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 379 OF IPC AND SEC. 4(1A) AND 21 OF M.M.R.D. ACT AND RULE 44 OF K.M.M.C. RULE.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.1 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 offence punishable under Section 44 of the Karnataka Minor Mineral Concession Rules, 1994 and under Section 4(1A) and Section 21 of the MMDR Act registered in respondent – police station in Crime No.59/2016.
2. The prosecution case is that on 4.3.2016 at about 3.30 a.m., on receiving credible information when the complainant and his staff carried out checking of the vehicles which were engaged in transportation of sand near Metikere Circle, N.H-45 on B.M. Road of Hiriasave village, they found a lorry which was loaded with sand coming and on seeing the said lorry, complainant and his staff are said to have stopped the vehicle. On enquiry, Accused No.1 revealed his name and address and when the documents were summoned from him, he had told that he was not having any valid permit. On verification, they found that the petitioner illegally without paying royalty to the Government, extracted sand from the river bed and was transporting the same in a lorry being Registration No. KA-54-5652 for the purpose of sale without valid permit. On the basis of the said complaint, a case came to be registered for the aforesaid offences.
3. Heard the learned counsel appearing for the petitioner – accused and also the learned High Court Government Pleader for the respondent – State. I have perused the grounds urged in the bail petition, FIR, complaint and also the other materials.
4. The allegation that the petitioner had illegally transported sand without having valid documents, has been denied by the counsel for the petitioner. He has contended that the petitioner has been falsely implicated in the said case. He submits that he is ready to abide by any reasonable conditions that may be imposed by the court and hence prays for grant of anticipatory bail.
5. It is seen that the alleged offences are triable by the Magistrate Court and they are not exclusively punishable with death or imprisonment for life.
Hence, petition is allowed. Respondents are directed to release the petitioner on bail in the event of his arrest, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation, as and when called for.
iv. The petitioner has to 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 KS