IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5461 OF 2017 BETWEEN:
Thibbegowda B.C.
S/o Late Channegowda, Aged about 58 years, Residing at Borasandra Village, Kasaba Hobli, Kunigal Taluk, Tumkur District – 572 130. ….PETITIONER. (By Shri. Lokesh., Advocate) AND:
State by Kunigal Police Station, Kunigal Taluk, Tumkur District, Represented by State P.P.
High Court of Karnataka, Ambedkar Beedi, Bengaluru – 560 001.
… RESPONDENT.
(By Shri. S. Vishwamurthy, 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 Crime No.328/2017 of Kunigal Police Station, Tumkur, which is registered for the offence P/U/S 379C of IPC and U/S 21(1), (1A) of Mines and Minerals (Development and Regulation) Act, 1957.
This petition coming on for Orders this day, the court made the following:
ORDER Petitioner is arrayed as accused No.2 in Crime No.328/2017 registered by the respondent-police in respect of the offences punishable under Section.379 IPC and Section 21(1)(1A) of MMRD Act, 1957 read with 34 of the IPC, apprehends his arrest. The allegation is, the Tractor- Trailer under his ownership was engaged in illegal transportation of the sand. The son of the petitioner who was on the wheels of the vehicle was arrested by the investigating officer along with the incriminating material and subsequently he is enlarged on bail.
2. Learned counsel for the petitioner submits that petitioner had not instructed the driver to engage the vehicle in illegal activities and he is innocent of the alleged offences.
3. Having regard to the above, the petition is allowed. The petitioner is granted anticipatory bail; in the event of his arrest in Crime No. 328/2017 of Kunigal P.S, the petitioner shall be released on bail on his executing a self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the investigating officer.
Sd/- JUDGE Msu