S. Sakthivel vs The State Of Karnataka on 23 April, 2016

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Karnataka High Court

S. Sakthivel vs The State Of Karnataka on 23 April, 2016

Bench: A.V.Chandrashekara

                        1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 23RD DAY OF APRIL 2016

                     BEFORE

 THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA


    CRIMINAL PETITION NO.2776 OF 2016

BETWEEN:

S.SAKTHIVEL
S/O SUBRAMANIAN
AGED ABOUT 50 YEARS
R/AT NO.168, ERMAKURAN
MAPALYAM, KAVITHAM PALYAM
PERUDORAI TALUK, ERODE DITRICT
TAMIL NADU STATE -56.
                                    ...PETITIONER

(BY SRI.PRATHEEP.K.C, ADV.)

AND:

THE STATE OF KARNATAKA
REP.BY BETTADAPURA POLICE
STATION MYSORE DISTRICT
REP.BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 01.
                                  ...RESPONDENT

(BY SRI.K.NAGESHWARAPPA, HCGP)
                              2


     THIS PETITION IS FILED UNDER SECTION 438
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL   IN  THE   EVENT    OF  HIS   ARREST     IN
CR.NO.130/2015 OF BETTADAPURA P.S., MYSORE
DISTRICT FOR THE OFFENCE P/U/S 4(1), 4(1-A), 21(1)
OF MMDR ACT AND SEC. 4,5(A) OF EXPLOSIVE
SUBSTANCES ACT AND SEC. 379 OF IPC.

     THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

Heard the learned counsel for the petitioner, who is Accused No.2 in Cr.No.130/2015 on the file of the respondent Bettadapura Police Station for the offences punishable under Sections 4(1),4(1-A),21(1) of Mines and Minerals Regulation of Development Act and Sec. 4,5(A) of the Explosive Substances Act and Sec. 379 of IPC.

2. The learned HCGP has vehemently opposed the bail application essentially on the ground that prima facie case is forth coming in regard to the commission of the offence by the accused persons. Hence, he prays for dismissal of the bail application. 3

3. Perused the records. Similarly placed accused No.1 has already been released on bail by this court in Cr.P.No.5113/2015 on 27.8.2015. The case on hand relates to the alleged extraction of sand illegally and transporting of the same without any valid licence. Anyhow, the alleged offences are exclusively triable by the court of JMFC., In the light of the similarly placed accused being released on bail and in the light of the unequivocal undertaking given by the petitioner to co- operate with the I.O., anticipatory bail application is to be allowed. Thus the apprehension of the learned HCGP could be suitably addressed by imposing certain conditions.

4. Accordingly, petition is allowed and anticipatory bail is granted to the petitioner, subject to the following conditions:

i) Petitioner shall surrender before the I.O. of the jurisdictional police station within 20 days from today and in such an event, petitioner shall be released on executing a personal bond in a sum of Rs.75,000/- with one surety for the like sum to the satisfaction of the I.O./concerned court.

ii) Petitioner shall cooperate with the I.O. for conducting investigation.

iii) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.

iv) Petitioner shall not involve in any criminal activities.

v) Petitioner shall mark attendance at the Jurisdictional Police Station on every Sunday till the submission of the final report.

vi) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.

Sd/-

JUDGE Psg*

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