Karnataka High Court
Nagesha K P vs State By Hirisave Police Station on 25 April, 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.177/2017
BETWEEN
NAGESHA K P
S/o PUTTEGOWDA
AGED ABOUT 45 YEARS
R/o No.10, KORAVANAGUNDI
NAGAMANGALA TALUK
MANDYA DISTRICT - 571 432.
...PETITIONER
(By Sri AJAY S, ADVOCATE)
AND
STATE BY HIRISAVE POLICE STATION
REPRESENTED BY: STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
...RESPONDENT
(By Sri B J ESHWARAPPA, 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.63/2016 OF HIRISAVE
POLICE STATION, HASSAN FOR THE OFFENCE PUNISHABLE
UNDER SECTION 379 OF IPC AND SECTION 4(1A) AND 21 OF
M.M.R.D, ACT AND RULE 44 OF KARNATAKA MINOR MINERAL
CONCESSION RULES, 1994.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This Criminal Petition is filed under Section 438 of Code of Criminal Procedure ('Cr.P.C.' for short) by the petitioner seeking grant of anticipatory bail in the event of his arrest in Cr.No.63/2016 registered by Hirisave Police Station, Hassan, for the offence punishable under Section 379 of IPC and Section 4(1A) and 21 of the Mines and Minerals (Regulation and Development), Act, 1957 and Section 44 of the Karnataka Minor Mineral Concession Rules, 1994.
2. It is the case of the prosecution that on 04.03.2016, on receiving credible information, the complainant and his staff were checking the vehicles which were engaged in transporting the sand on NH-75 B.M.Road in the wee hours of 5.30 a.m. At that time, they found that sand was being transported illegally in a lorry bearing No.KA-54-4397. The complainant and his staff stopped the vehicle and on seeing them, accused No.1 fled away from the spot. On verification, they found that the petitioner herein and 3 accused No.1 have transported the sand illegally without paying royalty to the government. Thus, a case came to be registered against the accused persons and the petitioner-accused No.2 is the owner of the said lorry. Final report came to be filed against one Shanmukha- accused No.1 and Nagesha-accused No.2, who is the petitioner herein. The learned Principal Sessions Judge at Hassan has rejected Crl.Misc.Petn.No.1030/2016 filed by the petitioner for anticipatory bail on 5.10.2016.
3. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case.
4. In the context and circumstances of the case, this Court is of the opinion that no prejudice would be caused, if the petitioner accused No.2 is released on bail.
5. Therefore, the criminal petition is allowed subject to the following conditions;
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i) The petitioner in the event of his arrest in Cr.No.63/2016 of Hirisave Police Station, Hassan, shall be released on bail, subject to the petitioner executing a personal bond for a sum of Rs.25,000/- with a surety for the likesum.
ii) The petitioner shall not terrorize the witnesses or tamper with the prosecution evidence.
iii) The petitioner shall mark his attendance before the Investigating Officer on 1st Sunday of every month at 8.00 p.m. Sd/-
JUDGE mv