IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.6068 OF 2017 BETWEEN:
1. Thimmappa @ Bettathimmaiah, S/o Late Hanumanthaiah, Aged 72 years, Residing at Rajapura, Hebbur Hobli, Kembalalu, Tumkur Taluk, Tumkur District-572120.
2. Dinesh, S/o Ganganna, Aged about 0 years, R/at Rajapura, Hebbur Hobli, Kembalalu, Tumkur Taluk, Tumkur District – 572 120. (By Sri.Mahesh C.M, Advocate) AND The State of Karnataka, By Hebbur Police Station, Tumkur, Represented by the State Public Prosecutor, High Court Building, Bangalore-560001.
(By Sri.Vishwamurthy, HCGP) …Petitioners …Respondent This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of their arrest in Cr.No.119/2017 of Hebbur Police Station, Tumkur District for the offence P/U/S 21(1) of MMDR Act and Section 379 of IPC and Rule 44(1) of KMMC Rule.
This Criminal Petition coming on for orders this day, the court made the following:
O R D E R The petitioners apprehend their arrest by respondent-Police in Crime No.119/2017 registered in respect of the offences punishable under Section 379 of IPC and Rule 44(1) of KMMC Rule.
2. The allegation is that on intervening night of 28/29th June, 2017, a JCB vehicle without registration number was mining sand near Kembalu Lake and after seeing police personnel, driver disappeared in the darkness.
3. Learned counsel for the petitioners submits that so far as petitioner No. 2 is concerned, petition may be dismissed as not pressed. So far as petitioner No.1 is concerned, he is 72 years old and ailing and has no knowledge of the alleged offence.
4. In the light of the above, petition is partly allowed. The prayer of the Petitioner No.2 Sri.Dinesh is dismissed as withdrawn.
5. Petitioner No.1 Sri. Thimmappa @ Bettathimmaiah is granted anticipatory bail in Crime No.119/2017 registered by the respondent-Police. In the event of his arrest, he shall be released on bail by executing a self bond for Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court. He shall not use the vehicle for illegal purpose.
Sd/- JUDGE SB