Venkatesh, S/o Late Ashwathhanarayanappa v. State by Thilak Park Police Station
2017-11-10
BUDIHAL R.B.
body2017
DigiLaw.ai
ORDER : This is a petition filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner/accused on bail in the event of his arrest for the alleged offences punishable under Section 379 of IPC r/w Section 21(1), 21(4A) of the MMDR (Mines and Minerals Regulation of Development) Act, 1957 and under Section 177, 192(A) of the Indian Motor Vehicles Act, 1988, registered in respondent police station Crime No.94/2017. 2. The allegation of the prosecution as per the complaint averments is, credible information was received that a person parked a tractor and trailer loaded with sand and he intend to transfer the sand to have unlawful gain. Immediately, the complainant went to the spot along with staff and panchas and he has seen the tractor bearing Reg. No.KA-40-1686 attached with a trailer and it was loaded with the sand. The same was seized in the presence of panch witnesses. The person after seeing the police ran away from the place. 3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State. 4. The petitioner denied the allegations made in the complaint and he contended that he is innocent and not at all involved in committing the said offence and he has undertaken that he is ready to abide by any reasonable conditions to be imposed by the Court. The tractor with trailer and loaded sand has been already seized by the police officers. The alleged offences are to be tried by the Magistrate Court and they are not exclusively punishable with death or imprisonment for life. 5. Accordingly, petition is allowed. The respondent-police is hereby directed to release the petitioner 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.