Karnataka High Court
CRL.P/8918/2016 of G.K. PANDURANGA Vs THE STATE OF KARNATAKA on 29 December 2016
HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 29TH DAY OF DECEMBER, 2016 :BEFORE: THE HON’BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL PETITION NO.8918/2016 BETWEEN: G.K.PANDURANGA S/O G.N.KESHAVA AGED ABOUT 28 YERS R/AT:GOWRIKOPPALU VILLAGE KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 29[‘T]DAY OF DECEMBER, 2010
‘BEFORE7
THR HON’BLBE MR.JUSTICK K.SOMASHBKAR
CRIMINAL PETITION NO.8918/2016
BRHIWEHE
G.K.PANDURANGA9/O G.N.KESHAVAAGED ABOUT 28 YERSR/AT:GOWRIKOPPALU VILLAGEKASABA HOBLICHANNARAYAPAITNA TALUKHASSAN DISTRICT — 34. |
... PETTITIONER
(BY SRI PRATHEEP.K.C. ADV.,)
AND:
THE STATEBH OF KARNATAKREP. BY CHANNARAYAPATNARURAL POLICE STATIONHASSAN DISTRICTREP. BY IIS |STATE PUBLIC PROSBCUTORHIGH COURT OF KARNATAKABANGALORE - Ol.
... RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SBCTION438 CR. P. C PRAYING TO ENLARGE THER PEITIIONER ONBAIL IN CR.No.97/2016 OF CHANNARAYAPATNA RURAL P.5S.,HASSAN DISTRICT FOR THE OFFENCE P/U/S 4(1A), 21 OF|MMDR ACT AND SECTION 379 OF [PC AND SBCTION 44 OF|KMMCR RULE.
THIS CRIMINAL PETITION COMING ON KOR ORDERSTHIS DAY, THE COURT MADE THE FOLLOWING:
ORD BE R
This petition is filed under Section 438 ofCr.P.C.seekinganticipatoryball1nNCrimeNo.9/7/2016OT|ChannarayapatnaRuralPolice station, for the alleged offence punishable under|section 4(1A), 21 of MMDR Act, 1957 and Section|379 of IPC and Section 44 of KMMCR Rule, 1994.
2 |HeardthelearnedCOuUNSE]forthepetitioner as well as the learned HCGP for the.respondent.
3.|The complaint allegations are that the|accused committed theft of sand by extracting the|same from the River without paying any royalty to theGovernment and transporting the same in a lorry|bearing registration No.KA-06-D-1223. On the basisof the complaint, the Channarayapatna Rural Police|station have registered a case in Cr.No.9/7/2016.
4Learned counsel for the petitioner during|the course of arguments contended that the accused|is an innocent person and he has not committed any|offence as alleged by the prosecution. The petitioner|hails from respectable family and he has been falsely|implicated in the alleged offence. Moreover, the|accused is ready to abide by any terms and_conditions imposed by this Court. Therefore, learned|counsel is praying for considering the grounds urged|in this petition and for grant of bail.
5Percontra,|learnedHCGP|fortherespondent has submitted that there is)prima facilmaterial against the accused in committing the|alleged offence as narrated in the complaint. The|petitioner is absconding since from the date of the|alleged offence, that itself indicates the involvement ofthe petitioner in commission of the alleged offence. —He has further contended that subsequent toregistration of the crime, case is. still underinvestigation and it requires recording of statement of witnesses as well as the materials are to be collected|by the I.O.He further submits that if the accused is|released on bail, certainly he would come in the way|of the prosecution case and destroy the evidence. —Therefore, accused does not deserve bail.
6. Having regard to the submissions of thelearned counsel for the petitioner/accused and.learned HCGP, it is relevant to consider that on the|basis of a complaint lodged by the complainant, a|case has been registered against the accused for the|alleged offence punishable under Section 4(1A), 21 ofMMDR Act, 1957 and Section 379 of IPC and Section 44 of KMMCR Rule, 1994. However, subsequent to.registration of the case, it is under investigation and|it requires recording statement of witnesses and_collecting material documents. Therefore, at this|stage, allegations made in the complaint does not|require detailed discussion while considering bail|petition filed by accused. The apprehension otflearned Govt. Pleader could be suitably met with by|
imposing appropriate conditions to safeguard the|interest of the prosecution.
TTTherefore, for the aforesaid reasons as|well as in the circumstances, I am of the considered|opinion that the accused person deserves bail. |Hence, I proceed to pass the following:
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ORDER
The Petition is herebyallowed. subject tofollowing conditions:
(.)Petitioner-accused shall appear before the|Investigating officer in Crime No.95/7/2016 oChannarayapatna Rural Police Station within20 days trom the date of receipt of a copy of|this order, by executing a personal bond for|a sum oft400,000/- (Rupees filty thousandonly) with one surety for the like sum to the|satisfaction of the [.O in the event otf hisarrest.
(..)Petitioner-accused shall co-operate with the investigating officer during the course of investigation.
(...)Petitioner-accusedshall|nottamperOThamper.theCASEOT theprosecutionhamper.theCASEOT theprosecution witnesses.
(.B)Petitioner-accused shall mark his attendance once in fortnight as per English monthlycalendar between 10.00 a.m., and 95.00 p.m.,for a period of three months before theconcerned SHO.calendar between 10.00 a.m., and 95.00 p.m.,for a period of three months before theconcerned SHO.
(B)Petitioner-accused shall not indulge in any criminal activities henceforth.
sd/-.
JUDGE