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.7112/2017 BETWEEN:
RAHIM, S/O RAFIZ, AGED ABOUT 33 YEARS, R/AT # 1909, MAKKA MOHALLA, GALIPURA GRAMA, CHAMRAJNAGAR DISTRICT – 571 111.
(BY SRI JAGADEESH C.M., ADVOCATE) AND:
STATE BY NANJANGUD RURAL POLICE, NANJANGUD TALUK, MYSORE DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT BUILDING, BENGALURU – 560001.
(BY SRI S.VISHWAMURTHY, HCGP) …PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.322/2017 OF NANJANAGUDU RURAL POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE P/U/S 4 (1), 4 (1A), 21 (1) OF MMRD ACT AND SECTION 3, 42, 43 AND 44 OF KMMC RULES AND U/S 379, 420 AND 468 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 petitioner and learned High Court Government Pleader appearing for the respondent.
2. The petitioner, who is arraigned as accused in Column No.6 of the FIR apprehends arrest in Cr.No.322/2017 registered by the respondent-police for the offence punishable under Sections 4 (1), 4 (1A), 21 (1) of MMRD Act and Sections 3, 42, 43 and 44 of KMMC Rule and Sections 379, 420 and 468 of IPC.
3. The allegation of the prosecution is, a lorry under the ownership of the petitioner was found transporting sand illegally. On 24.07.2017, the vehicle was intercepted, the driver was arrested and the vehicle was seized under Mahazar.
4. Learned counsel for the petitioner submits that the petitioner has no knowledge of the alleged offence and he is innocent. He was not present when the vehicle was seized and he had not instructed his driver to use the vehicle for illegal purpose. He undertakes to appear before the I.O. and co-operate with them for investigation.
5. In the light of the above, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.322/2017 registered by the respondent-Police, subject to following conditions:
(i) In the event of arrest by the respondent- Police, the petitioner shall be released on bail on executing a self bond for a sum of Rs.50,000/- with one surety for the likesum.
(ii) He shall not use his vehicle for illegal purpose.
Sd/- JUDGE VM