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2016 DIGILAW 655 (KAR)

C. B. Muniraju v. State of Karnataka

2016-08-29

B.SREENIVASE GOWDA

body2016
ORDER : B. Sreenivase Gowda, J. 1. The petitioners in this petition filed under Section 438 of Criminal Procedure Code, 1973 seeks to grant them anticipatory bail in connection with Crime No. 133 of 2016 registered by the respondent-police for the offences punishable under Rules 42 and 44 of the Karnataka Minor Mineral Concession Rules, 1994; under Section 73 of the Karnataka Land Revenue Act, 1964 and under Sections 427, 341, 143, 307, 379, 353, 149 and 147 of Indian Penal Code, 1860. 2. Heard the learned Counsel for the petitioners and the learned High Court Government Pleader for the respondent. Perused the complaint, the FIR and other papers produced along with the petition. 3. Learned Counsel for the petitioners submits that the petitioners are innocent of the offences alleged. They are neither named in the complaint nor in the FIR. He further submits that the petitioners are neither the owners nor drivers of any vehicle which is alleged to have been used for filtering sand from the soil of a tank. However, petitioners are prepared to abide by any conditions that may be imposed by the Court while granting bail. Therefore, he prays for allowing the petition by granting anticipatory bail to the petitioners. 4. Learned HCGP appearing for the respondent-State submits that petitioners along with other accused persons have committed the offence under Sections 42 and 44 of the Karnataka Minor Mineral Concession Rules, 1994; under Section 73 of the Land Revenue Act and under Sections 427,341, 143, 307, 379, 353, 149 and 147 of IPC, which are punishable with imprisonment up to 7 years. He submits investigation is under progress. Therefore, if the petitioners are granted anticipatory bail at this stage, they would certainly hamper investigation and may not extend co-operation for investigation of the crime and further they may try to tamper prosecution witnesses. In such an event it would not only affect the fair trial but also cause prejudice to the case of prosecution. Therefore, he prays for rejection of the bail petition. 5. Based on the complaint lodged by the driver of the Jeep attached to the Tahsildar, Vemgal Taluk, Kolar District, a criminal case in Crime No. 133 of 2016 has been registered by the respondent-police against 55 persons and others. Petitioners are neither named in the complaint nor in the FIR. Therefore, he prays for rejection of the bail petition. 5. Based on the complaint lodged by the driver of the Jeep attached to the Tahsildar, Vemgal Taluk, Kolar District, a criminal case in Crime No. 133 of 2016 has been registered by the respondent-police against 55 persons and others. Petitioners are neither named in the complaint nor in the FIR. Incriminating material objects such as vehicle used for filtering sand from soil of the tank and sand carried in those vehicles have already been seized by the respondent-police. The allegations in the complaint is that when accused persons were engaged in filtering sand from the soil of a tank they were chased by the police along with the revenue officials on the basis of the instructions of the Deputy Commissioner of the District. Owners and drivers of the lorry and other persons engaged in filtering sand from soil tried to escape from the scene of incident. Fortunately, when some other vehicle came on the way, drivers of the vehicles slowed down their lorry and police and revenue officials were able to proceed ahead of the lorry and stopped the lorry. At that time, driver of the lorry made an attempt to run over the Government vehicle and caused damage to the vehicles. As stated earlier, these petitioners are not named either in the complaint or in the FIR. No specific overt act is alleged against these petitioners. Incriminating material objects such as vehicles used for filtering sand from soil and sand carried in the vehicle have already been seized by the respondent-police. Petitioners are neither owners nor drivers of the lorry engaged in filtering sand and transporting the same. It is submitted that petitioners are prepared to abide by any conditions that may be imposed by the Court while granting bail. Hence, the following: ORDER The petition is allowed. Petitioners are granted anticipatory bail. Petitioners are neither owners nor drivers of the lorry engaged in filtering sand and transporting the same. It is submitted that petitioners are prepared to abide by any conditions that may be imposed by the Court while granting bail. Hence, the following: ORDER The petition is allowed. Petitioners are granted anticipatory bail. In the event of arrest of the petitioners in connection with Crime No. 133 of 2016 registered by the respondent-police for the offences punishable under Rules 42 and 44 of the Karnataka Minor Mineral Concession Rules, 1994; under Section 73 of the Land Revenue Act and under Sections 427, 341, 143, 307, 379, 353, 149 and 147 of IPC, the respondent-police are directed to release them, subject to the following conditions: (i) The petitioners shall surrender/appear before the respondent-police within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) each with one surety for all of them for the like-sum to the satisfaction of the concerned Investigating Officer. (ii) The petitioners as well their sureties shall furnish proof of their address and identity with photos such as ration card, voters' I.D., Aadhaar card, etc., to ensure the presence of the petitioners at the time of trial. (iii) The petitioners shall appear before the respondent-Police as and when their presence is required and extend co-operation for investigation of the crime, if any. (iv) The petitioners shall not leave the jurisdiction of the concerned Court till filing of final report by the respondent-police. (v) They shall appear before the concerned Court on all the future dates of hearing, except on a day when they are exempted for valid reason. (vi) The petitioners shall not tamper the prosecution witnesses in any manner. (vii) The petitioners shall not indulge in any criminal activities. (viii) The petitioners shall surrender original RC, insurance policy, permit and DL of the driver before the concerned Court and the same shall be kept in safe custody till the conclusion of the trial. In the event of petitioners disobeying any of the above conditions, the prosecution is at liberty to move the concerned Court for cancellation of bail.