IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.548/2019 BETWEEN:
Siddagangamma, W/o Chinnaswamaiah, Aged about 68 years, R/at Doddaseebi Village, Kallambella Hobli, Sira Taluk, Tumkur District-572 125. ... Petitioner (By Sri. A. Vasantha Kumar, Advocate) AND:
State of Karnataka Station Head Office Kallembella P.S. Sira Circle, Sira Taluk, Tumkur District-572 125.
Represented By Govt. Pleader, High Court Building, Bangalore City, Bangalore-560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of her arrest in Crime No.250/2018 of Kallambella P.S., Tumakuru for the offence punishable under Section 379 of IPC.
This Criminal Petition coming on for orders, this day, the Court made the following:
ORDER The petitioner has filed this petition seeking to be enlarged on bail in the event of her arrest pursuant to proceedings in Crime No.250/2018 for the offence punishable under Section 379 of IPC.
2. The case of the prosecution is that complainant had given a report before the respondent - Police, that when the respondent-police went near Karejavanahalli Tolgate, information was received that illegal loading of sand in a tractor without permit and without paying royalty was being resorted to. Upon such information the police officials had been to the spot and caught hold of the driver of the tractor, upon enquiry he disclosed the name of the owner i.e., the petitioner herein and also admitted that there was no permit insofar as the extraction of sand. Complaint has been filed and FIR is registered. After collecting sample and drawing of mahazar with respect to the spot and recovery of the vehicle, it is stated that investigation is in progress. The Sessions Court has rejected the bail petition by order dated 29.11.2018 observing that the petitioner was the owner of the tractor trailor, which is not in dispute.
3. The learned counsel for the petitioner submits that the petitioner is a lady and is aged about 68 years and is innocent of the offence alleged.
4. Taking note of the punishment prescribed for offence and noticing that the age of the petitioner is 68 years and that she is a lady, it would be an appropriate case for enlarging the petitioner on bail, in the event of her arrest, with respect to the proceedings in Crime No.250/2018.
5. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of her arrest in Crime No.250/2018 for the offence punishable under Section 379 of IPC subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.250/2018 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `50,000/- (Rupees Fifty Thousand only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present herself and mark her attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner shall inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
(vi) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of the like nature.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NG*