IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 :BEFORE:
THE HON'BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7212/2017 BETWEEN:
1. NARASIMHAMURTHY, S/O SHANKARAPPA, AGED ABOUT 30 YEARS, R/O VENKATARAYANAPALYA, AREGUJJANAHALLI POST, URDIGERE HOBLI, TUMAKURU TALUK – 572102.
2. KRISHNAMURTY.V @ KRISHNAPPA, S/O A.BYRAPURA, AGED ABOUT 38 YEARS, MADAGONDANAHALLY POST, URDIGERE HOBLI, TUMAKURU TALUK – 572102.
…PETITIONERS (BY SRI N.SURESHA, ADVOCATE) AND:
STATE BY KYATHASANDRA POLICE, KYATHSANDRA, TUMKUR – 572103.
...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.183/2017 OF KYATHSANDRA POLICE STATION, TUMAKURU, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 4 (A), 4 (1A), 21 (4), 21 (4A) OF MMRD ACT AND U/S 44 (6), 41 (2) OF KARNATAKA MINOR MINERALS CONSISTENT RULE, 1994 AND U/S 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners and learned High Court Government Pleader appearing for the respondent.
2. Learned counsel for the petitioners submits that the petition insofar as petitioner No.2 may be dismissed as not pressed.
3. The allegation of the prosecution is, the Tractor- Trailer under the ownership of petitioner No.1 was found transporting sand illegally on 18.07.2017. On appearance of the police, the driver of the vehicle disappeared from the spot leaving behind the vehicle.
4. Learned counsel for the petitioners submits that petitioner No.1 is the owner of the said Tractor-Trailer and he had no knowledge of the alleged offence and he had not instructed his driver to use the tractor for illegal purpose.
5. In the light of the above, the petition is allowed- in-part. The petition insofar as petitioner No.2 is dismissed as withdrawn.
6. The petitioner No.1-Narasimhamurthy, s/o Shankarappa is granted anticipatory bail in Crime No.183/2017 registered by the respondent-Police, in the event of his arrest by the respondent-Police, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum and He shall not use the vehicle for illegal purpose.
Sd/- JUDGE VM