ORDER : This is a petition filed by the petitioner/accused No.5 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Section 4(1), 21(1) of the MMDR (Mines and Minerals Regulation of Development) Act, 1957, and Section 379 of IPC, registered in respondent police station Crime No.125/2016. 2. The brief facts of the prosecution case as per the complaint averments is three lorries near Ballupete check post bearing Reg. No.KA-51-8119, KA-18-A8585 and KA-01-D-1899 were loaded with sand without paying the royalty to the government and on seeing police officers all these persons ran away from the spot. The lorries along with sand were seized by the police in the presence of panch witnesses under the mahazar, then complaint came to be lodged and FIR is registered. 3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.5 and also the learned High Court Government Pleader appearing for the respondent-State. 4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed in the case. The name of the present petitioner is not figured either in the complaint or in the FIR, but in the FIR it is mentioned as lorry driver. During the course of investigation, the present petitioner has been arrayed as accused No.5. The accused denied the case of the prosecution contended that he is innocent and not at all involved in committing the said offences and he has undertaken that he is ready to abide by any reasonable conditions to be imposed by the Court. Learned counsel for the petitioner/accused No.5 produced the copy of the bail order dated 10.07.2017 passed in Criminal Petition No.4673/2017 in respect of accused No.4, which was also seeking anticipatory bail. This Court considering the merits of the case ultimately granted bail to accused No.4. The present petitioner is also similarly situated. The alleged offences are not exclusively punishable with death or imprisonment for life and they are triable by the Magistrate Court. 5. Accordingly, petition is allowed. The respondent-police is hereby directed to release the petitioner/accused No.5 on bail in the event of his arrest for the alleged offences, subject to the following conditions: (i). The alleged offences are not exclusively punishable with death or imprisonment for life and they are triable by the Magistrate Court. 5. Accordingly, petition is allowed. The respondent-police is hereby directed to release the petitioner/accused No.5 on bail in the event of his arrest for the alleged offences, subject to the following conditions: (i). Petitioner shall execute a personal bond for Rs.50,000/- and has to furnish one 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 further investigation. (iv). The petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.