Mohammad Nawshad Ali @ Noushad v. State Of Karnataka
2020-10-05
B.A.PATIL
body2020
DigiLaw.ai
JUDGMENT B.A.Patil, J. - Criminal Petition No.4169/2020 has been filed by petitioner-accused No.3 in Crime No.44/2020, Criminal Petition No.4163/2020 has been filed by petitioner-accused No.5 in Crime No.46/2020, Criminal Petition No.4168/2020 has been filed by petitioner-accused No.3 in Crime No.45/2020 of Kankanady Police Station under Section 438 of Cr.P.C. to release him on bail in the event of his arrest, (pending on the file of 7th JMFC Court, Mangalore City, Dakshina Kannada), for the offence punishable under Section 379 of Indian Penal Code. 2. I have heard the learned counsel Sri.Kethan Kumar for the petitioner-accused virtually and the learned High Court Government Pleader Sri.Mahesh Shetty for the respondent-State. 3. The gist of the complaint is that when the respondent police were on patrolling duty on 17.5.2020 at about 8.55 a.m. they found the tipper lorry coming with load of sand. When they stopped the vehicle and inspected they found that the lorry loaded with sand and on enquiry the driver of the said vehicle informed that he has not having any permit or licence and they were transporting the sand illegally. Immediately, the said vehicle has been seized and a case has been registered. 4. It is the submission of the learned counsel for the petitioner that the petitioner-accused is innocent and he has not committed any offence and he was not present at the time of the alleged incident. The alleged offences are not punishable with death or imprisonment for life. Even the case registered on the basis of FIR is also not sustainable in law. He is ready to abide by the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petitions and to release the petitioner-accused on anticipatory bail. 5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused is transporting the sand illegally without valid permit or licence. He is the habitual offender and there is prima facie material against the petitioneraccused. On these grounds he prayed to dismiss the petition. 6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. 7. Whether the petitioner-accused has been involved in transporting the sand illegally or not, is a matter which has to be considered and appreciated only at the time of trial.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. 7. Whether the petitioner-accused has been involved in transporting the sand illegally or not, is a matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life. If by imposing some stringent conditions, if the petitioner-accused is ordered to be released on bail, it is going to meet the ends of justice. 8. In that light, these petitions are allowed . The petitioner-accused is ordered to be released on bail in the event of his arrest in Crime Nos.44/2020, 46/2020 and 45/2020 of Kankanady Police Station, for the offences punishable under Section 379 of Indian Penal Code, subject to the following conditions: i. The petitioner in each case shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer. ii. He shall surrender before the Investigating Officer within 20 days from today, failing which this order automatically stands cancelled. iii. He shall not tamper with the prosecution witnesses directly or indirectly. iv. He shall appear before the Investigating Officer as and when required and co-operate for investigation. v. He shall mark his attendance before the Investigating Officer once in 15 days in between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed. vi. He shall not leave the jurisdiction of the Court without prior permission.