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.7533/2017 BETWEEN:
VENKATESH S/O. HANUMEGOWDA, AGED ABOUT 40 YEARS, R/O. NAGARHALLI VILLAGE, GANDSI HOBLI, ARSIKERE TALUK-573 103, HASSAN DISTRICT.
...PETITIONER (BY SRI. JAGADEESH H.T, ADV.) AND STATE OF KARNATAKA BY GANDSI POLICE, ARSIKERE TALUK-573 103, HASSAN DISTRICT-573 201, REP. BY SPP, HIGH COURT OF KARNATAKA, AT BANGALORE-560 001.
(BY SRI. CHETAN DESAI, HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.190/2016 OF GANDASI POLICE STATION, HASSAN DISTRICT FOR THE OFFENCE P/U/S 4(1), 4(1A), 21(1), 21(4) AND 21(4A) AND U/S 42 AND 44 OF KARNATAKA MINOR MINERAL CONCESSION RULE 1994, R/W 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.2 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 4(1), 4(1A), 21(1), 21(4A) of MMRD Act, 1957 and Section 42, 44 of the KMMC Rules 1994 read with Section 379 of IPC registered in respondent police station in Crime No.190/2016.
2. The case of the prosecution as per the complaint averments are that on 24.9.2016 at about 10.00 a.m. in front of the Mythri convent situated near Gandsi hand post, the complainant stopped the tractor which was filled with sand. The driver of the said tractor leaving the said tractor tried to ran away, however, he was caught and on enquiry he disclosed his name and the name of the present petitioner as the owner of the said vehicle. The tractor along with sand was seized by police authorities in the presence of panch witnesses. On the basis of the said complaint, case came to be registered for the aforesaid offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.2and also the learned High Court Government Pleader appearing for the respondent-State.
4. Learned counsel for the petitioner submitted that the basis for implication of the present petitioner in the case is the statement given by accused No.1. He submits that the petitioner is not at all the owner of the vehicle in question. In this connection, he has produced the documents to show that one Guruva Bhovi S/o Chikkavenkat Bhovi filed an application before the concerned Court seeking release of the said vehicle for himself. Accordingly, there is Court order for giving the custody of the said vehicle to said Guruva. Hence, submitted the present petitioner is totally unconnected with the alleged offences, he is innocent and he is ready to abide by any of the reasonable conditions that may be imposed by this Court.
5. Per contra, the learned HCGP submits that there is prima-facie material as against the present petitioner and hence, the petitioner is not entitled for grant of anticipatory bail.
6. I have perused the grounds urged in the bail petition so also the documents produced by learned counsel appearing for the petitioner to show that petitioner is not the owner of the said vehicle. Apart from that and as rightly submitted by the learned counsel for the petitioner herein only on the basis of the statement made by accused No.1, the present petitioner has been implicated in the said case. Further, the alleged offences are triable by Magistrate Court and are not punishable with death or imprisonment for life. Hence, the petitioner has made out a case for grant of anticipatory bail.
7. Accordingly, the petition is allowed. The respondent-police are directed to release the petitioner- accused No.2 on bail, in the event of his arrest in Crime No.190/2016 for the aforesaid offences 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/-.