IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7406/2017 BETWEEN:
THRIMI @ THREEMURTHY, S/O. NAGEGOWDA, MALAGALI VILLAGE, YESLUR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573 201.
...PETITIONER (BY SRI. GIRISH B. BALADARE, ADV.) AND STATE BY YESLUR POLICE STATION, SAKALESHPUR TALUK, HASSAN DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.
...RESPONDENT (BY SRI. CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.47 /2017 OF YESALUR POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 379 OF IPC AND SEC.21 AND 4(1A) OF M.M.R.D. ACT AND RULE 31(r) OF K.M.M.C. RULE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. seeking to release the petitioner on anticipatory bail, in the event of his arrest, for the offences punishable under Sections 21, 4(1A) of MMRD Act, 1957 read with Section 31(R) of the Karnataka Minor Mineral Concession Rule 1994 and Section 379 of IPC registered in respondent police station in Crime No.47/2017.
2. Brief facts of the prosecution case are that based on the information given by one Circle Inspector of Police that on 5.4.2017 at about 8.00 A.M. near Hemavathi River at Malagalli Village, three persons are travelling in the Tipper Lorry bearing Regn.No.KA-46- 6781 loading sand mine without paying royalty to the Government, complaint came to be registered for the aforesaid offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and also the order passed by the learned Sessions Judge rejecting the bail application of the petitioner.
5. Looking to the contentions raised in the bail petition, it is also contended by the petitioner that he was neither at the spot nor involved in committing the offences alleged and that he is falsely implicated in the said case. He is ready to abide by any of the reasonable conditions to be imposed by this Court. The alleged offences are triable by Magistrate Court and they are not punishable with death or imprisonment for life. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be granted anticipatory bail.
6. Hence, the petition is allowed. In the event of arrest, Petitioner/accused No.3 is ordered to be released on bail of the offences punishable under Sections 21, 4(1A) of MMRD Act, 1957 read with Section 31(R) of the Karnataka Minor Mineral Consistent Rules 1994 and Section 379 of IPC registered in respondent police station in Crime No.47/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one solvent 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 has to make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. The petitioner has to 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 *alb/-.