Karnataka High Court
Girish vs State Of Karnataka on 4 February, 2019
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4th DAY OF FEBRUARY, 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION No.7073/2018
BETWEEN:
Girish
S/o late Ramadasappa
Aged about 40 years
R/o Bhavani Nagara
Sira Town, Sira Taluk
Tumakuru District-572 125
....Petitioner
(By Sri M.Shashidhara, Advocate &
Sri Somashekhara Harvi, Advocate)
AND:
State of Karnataka
by Sira Police Station
Represented by State Public Prosecutor
High Court Building
Bangalore-560 001.
... Respondent
(By Sri K.P. Yoganna, 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.321/2018 of Sira Police Station,
Tumakuru District, for the offence punishable under
Section 379 of Indian Penal Code.
This Criminal Petition coming on for Orders, this day
the Court made the following:-
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ORDER
The present petition has been filed by the petitioner/ accused No.1 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.321/2018 of Sira police station for the offence punishable under Section 379 of IPC.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that on 25.8.2018 at about 9.00 p.m. he received a credible information and immediately he went to the spot and there he noticed illegal transportation of the sand in a tractor and trailer and immediately he surrounded, at that time the driver of the tractor ran away from the place and the tractor and trailer was seized by drawing a mahazar and a case has been registered.
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4. It is the submission of the learned counsel for the petitioner that the alleged offences are not punishable with death or imprisonment for life. He is an agriculturist, he never used his vehicle for the purpose of transportation of the sand. He further submitted that the police visited his house and only with an intention to harass he has seized the said tractor and trailer and a false case has been registered against him. He further submitted that he is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on anticipatory bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused is a habitual offender and he has involved in transportation of the sand illegally. If he is released on bail, he may again indulge in similar type of criminal activities. On these grounds he prayed to dismiss the petition.
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6. I have carefully and cautiously gone through the contents of the complaint and other materials which have been produced along with the petition.
7. On going through the contents of the complaint and other material, the alleged offences are not punishable with death or imprisonment for life. Only objection which has been raised by the learned High Court Government Pleader is that, the petitioner/accused is habitual offender and if he is released on bail, again he may indulge in similar type of criminal activities. The said apprehension can be protected by imposing some stringent conditions.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused is ordered to be released on anticipatory bail in the event of his arrest in Crime No.321/2018 of Sira Police Station for the offence punishable under Section 379 of IPC, subject to the following conditions:
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i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within 15 days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall not leave the jurisdiction of the trial Court without prior permission of the Court.
v) He shall not indulged in similar type of criminal activities
vi) He shall mark his attendance once in 15 days in the jurisdictional police in between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
If he again involve in similar type of criminal activities, then this order will stand cancelled.
Sd/-
JUDGE *AP/-