Ayyannagowda vs State of Karnataka

A.V. Chandrashekara, J.—The petitioners are accused Nos. 1 and 2 in Crime No. 247/2014 of Arakalgud Police Station, Hassan District for the offences punishable under Sections 379 and 511 of IPC and Sections 42 and 44 of the Karnataka Minor Mineral Concession Rules, 1994

The allegation against them is that they were the drivers of two tractors bearing registration No. KA 13 M 6210 and KA 13 N 3364 and were loading the sand illegally to these tractors. On seeing the police who raided the said place, they ran away and thus they were not available for further investigation. The petitioners are apprehending their arrest at the hands of the respondent-police. Hence, the present petition by the petitioners seeking anticipatory bail.

Admittedly the offences are neither punishable with death nor imprisonment for life and they are exclusively triable by the learned JMFC. The vehicles in question have already been seized by the respondent/police. The petitioners are permanent residents of Hebbale Koppalu Village, Arakalgud Taluk, Hassan District. Thus in the light of the unequivocal undertaking given by the petitioners, the apprehension of the learned HCGP could be suitably met with by imposing proper conditions.

In this view of the matter, petition is allowed and anticipatory bail is granted to the petitioners in Crime No. 247/2014 on the file of Arakalgud Police, Hassan District for the above said offences, subject to the following conditions:--

"(i) Petitioners shall be released on bail on their executing a personal bond for a sum of Rs. 75,000/- each with two sureties, for the likesum to the satisfaction of the concerned Investigating Officer;

(ii) Petitioners shall not tamper or attempt to tamper any of the prosecution witnesses;

(iii) Petitioners shall not hold out threats to the prosecution witnesses and shall not try to lure them in any manner;

(iv) Petitioners shall not involve themselves in any criminal activities;

(v) Petitioners shall surrender themselves before the respondent - police station on or before 6.12.2014;

(vi) Petitioners shall mark their attendance to the respondent - police station on every Sunday between 9.00 a.m. to 5.00 p.m. for a period of 6 months without fail, from the date of his surrender;

(vii) Petitioners shall attend the concerned trial Court regularly on all dates of hearing and shall co-operate with the learned trial Judge to hold the trial."

Any violation of the conditions imposed by this court would entitle the prosecution to seek for cancellation of bail.