IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8976 /2017 BETWEEN:
SUDARSHAN S/O.D.V.BALARAM AGED ABOUT 31 YEARS R/AT.B.T.KOPPAL DODDABALLAPURA POST HASSAN TALUK AND DISTRICT PIN CODE 573 118 ... PETITIONER (By Sri.M.SHASHIDHARA - Adv.) AND:
STATE OF KARNATAKA BY TUMKUR RURAL P.S. REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001. ...RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.202/2017 OF TUMAKURU RURAL P.S., TUMKURU DIST. FOR THE OFFENCES P/U/SS 4(1), 4(1A), 21 OF MINES AND MINERALS REGULATION AND DEVELOPMENT ACT, RULES 3, 42, 43, 44, 48 OF KARNATAKA MINOR MINERAL CONCESSION RULES AND SECTION 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 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 offences punishable under Sections 4(1), 4(1a), 21 Of Mines And Minerals Regulation And Development Act, Rules 3, 42, 43, 44, 48 Of Karnataka Minor Mineral Concession Rules And Section 379 Of IPC registered in respondent police station Crime No.202/2017.
2. Brief facts of the prosecution case as per the complaint averments are, the complainant while he was patrolling with his team near Antharasanahalli bridge, a lorry bearing No.KA-13-C-9604 came loaded with raw material i.e raw granite. When they stopped the said lorry, the driver of the said lorry ran away from the said place leaving the lorry at the said place.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
4. Looking to the prosecution material, goes to show the lorry as well as the granite stones said to be loaded in the said lorry were already seized by the police in the presence of the panchas under the seizure mahazar.
5. The petitioner has contended in the petition that he is innocent and not committed the alleged offence and that he has been falsely implicated in the case. He undertakes to abide by any reasonable conditions to be imposed by this Court.
6. As the materials have already been seized along with the vehicle, nothing further is to be seized from his possession at present. The alleged offences are triable by the Magistrate are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be granted with anticipatory bail.
7. Accordingly, petition is allowed. The respondent-Police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offence punishable under for the offences punishable under Sections 4(1), 4(1a), 21 Of Mines And Minerals Regulation And Development Act, Rules 3, 42, 43, 44, 48 Of Karnataka Minor Mineral Concession Rules And Section 379 Of IPC registered in respondent police station Crime No.202/2017 of IPC, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall 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