RANJITH KUMAR vs THE STATE OF KARNATAKA

This petition is filed by the petitioner/accused 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 offences punishable under Sections 4(1a), 21(1), 4 of Mines and Minerals (Regulation and

Development) Act and Section 379 of IPC registered in respondent police station Crime No.115/2016.

Case of the prosecution in brief that the accused were involved in transporting the sand illegally and without having any valid documents.

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.

Though it is the allegation in the complaint by the complainant that when they were patrolling, received credible information that sand was being

transported in lorry bearing registration No.TN-30-AR- 0945 from Somavarpet towards Chamarajnagar. Accordingly, they had been waiting near

KSRTC Bus depot of Sathyamangala road and found that lorry bearing registration No.TN-30-AR-0945 came and coconut husk was loaded and

bags of husk of the paddy were loaded; on verification, they found that sand was loaded beneath the coconut husk and bags of husk of paddy and

driver was not having licence. Accordingly, FIR came to be registered for the above said offences.

Perusing the complaint, the name of the petitioner is not at all mentioned specifically that he was involved in committing the alleged offence. Even

in the FIR the name of the petitioner is not figured. Petitioner has denied the allegations made by the prosecution and claims that he is innocent and

not involved in committing the alleged offence and he has undertaken to abide by any conditions to be imposed by this Court.

The alleged offences are triable by the Magistrate Court and not exclusively punishable with death or imprisonment for life. Hence, I am of the

opinion that by imposing reasonable conditions, petitioner can be granted with anticipatory bail. Accordingly, petition is allowed. The respondent-

Police is directed to enlarge the present petitioner on bail in the event of his arrest for the alleged offence punishable under Sections 4(1a), 21(1), 4

of Mines and Minerals (Regulation and Development) Act and Section 379 of IPC registered in respondent police station Crime No.115/2016,

subject to the following conditions:

i. Petitioner has to 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 the

further investigation.

iv. The petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the

surety bond.