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Judgment
Learned counsel for the petitioner is absent.
Heard the learned HCGP. Learned HCGP has not filed statement of objections.
The petitioner has sought for an order of anticipatory bail in Cr.No.155/2015 registered by Chamarajanagar East Police for the offence punishable under Sections 21(4), 21(4A) of Mines and Minerals Regulation of Development Act, 1957 and Sections 42(1), 43(2), 31R(13) of Karnataka Minor Mineral Consistent Rule, 1994 and Section 379 of IPC.
In the FIR it is stated that during the patrolling duty on 06.07.2016/07.07.2016 at about 3:45 a.m., the complainant and the police team spotted a tractor and trailor and on seeing the police party, the driver of the tractor and trailor ran away from the spot leaving the vehicle. The said vehicle did not bear any registration number and hence, a case was registered against unknown persons.
The entire complaint does not disclose any apprehension of arrest of the accused. The power exercisable under Section 438 of Cr.P.C., is extraordinary in character and it is only in exceptional cases, where it appears that the person may be falsely implicated or there is reasonable grounds for holding that the person accused of the offence is likely to be subjected to harassment by the police or that he is not likely to misuse his liberty the power could be exercised under Section 438 of Cr.P.C.
In the instant case, the petitioner has not even pleaded apprehension of his arrest and therefore, the petitioner is not entitled for the relief under Section 438 of Cr.P.C. Hence, the petition is dismissed.