IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.1931 OF 2019 Between:
Veerendra P.R.
S/o. Poojar Rangappa Aged about 32 years, R/at Ujjanakunte Village, Gowdagere Hobli, Sira Taluk, Tumkur District – 572 139 (By Sri. M. Shashidhara, Advocate) And:
State of Karnataka, By Tavarekere P.S., Represented by the Special Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
(By Sri. Divakar Maddur, HCGP) … Petitioner ... Respondent This Criminal petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.8/2019 of Tavarekere Police station, Tumakuru for the offence punishable under Section 379 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner is seeking anticipatory bail in Crime No.08/2019 of Tavarekere Police Station, registered for the offences punishable under Section 379 of IPC.
2. I have heard the learned counsel for the petitioners and learned HCGP appearing for respondent-State.
3. The case of the prosecution is that on 27.01.2019 the PSI of respondent police station was on beat duty at night hours. In the early hours on 28.01.2019, he received an information that near Muddenahalli Government Brooklet some persons were loading sand in a tractor and trailer and transporting sand illegally through Hosuru – Tavarekere road. The complainant and his staff rushed to the spot and saw that a tractor was coming from Hosur side and on seeing them, the driver of the said tractor ran away leaving the tractor. The said tractor was seized under a mahazar and a case was registered.
4. The learned counsel for the petitioner would contend that a false case has been filed against the petitioner only on the ground that he is the owner of the tractor. He contended that the offences alleged against petitioner are not exclusively punishable with death or imprisonment for life and he submits that petitioner is ready to abide by any reasonable conditions which may be imposed by this Court.
5. Per contra, the learned HCGP contended that the petitioner is absconding and he is the owner of the tractor in question and with the help of the driver of the tractor, he was illegally excavating the sand and transporting the sand in his tractor and accordingly seeks to dismiss the petition.
6. The name of the petitioner is not forthcoming in First Information Report and he being the owner of the tractor bearing reg.No.AP-04 Q-7214 has been arraigned as accused No.1. The involvement of the petitioner and the commission of the offence shall have to be investigated. Considering the facts and circumstances of the case and the punishment prescribed, I pass the following:-
ORDER 1. Criminal petition is allowed.
2. In the event of arrest of petitioner in crime No.08/2019 for the offence punishable under Section 379 of IPC, he shall be enlarged on bail subject to executing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety for the likesum to the satisfaction of investigating officer.
3. He shall appear himself before the investigating officer within a period of 15 days from today.
4. He shall co-operate with the investigation of the case and shall not tamper with the prosecution witnesses in any manner.
5. He shall mark his attendance before the jurisdictional police station on every Sunday between 10.00 am and 5.00 pm till the filing of the charge sheet.
Sd/- JUDGE ag