Karnataka High Court
CRL.P/9725/2016 of SHANTHARAJU @ SHANTHA Vs THE STATE OF KARNATAKA on 29 December 2016
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF DECEMBER, 2016 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL PETITION No.9725/2016 BETWEEN: Shantharaju @ Shantha, S/o Muthuraj @ Madeva, Aged about 35 years, R/o Vaddaradoddi Village, Kollegal Taluk, Chamarajanagar
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IN THE HIGH COURT OF KARNATAKA AT BBNGALURU|
DATED THIS THE 29[‘T]DAY OF DECEMBER, 2016
BEFORE|
THE HON’BLE MR.JUSTICE K.SOMASHEKAR.
CRIMINAL PETITION No.9725/2016
BEBETWE
ohantharaju @ Shantha,©/o Muthuraj @ Madeva,Aged about 35 years,R/o Vaddaradoddi Village, Kollegal Taluk,Chamarajanagar District — 571 440.
_ ..Petitioner|
(By Sri. Manjunath N.D., Advocate)
AND:
The State of Karnataka,Through Ramapura Police Station,Chamarajanagara District.Represented by 8.P.P.,High Court, Bengaluru - Ol. ...Respondent (By Sri K.Nageshwarappa, HCGP)_
This Criminal Petition is filed under Section 438 of.Cr.P.C. praying to enlarge the petitioner on bail in the|event of his arrest in Cr.No.110/2016 of Ramapura P.5S.,Chamarajanagar for the offence P/U/S 379 of IPC.
This Criminal Petition coming on for orders thisday, the Court made the following:
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ORDER
This petition is filed under Section 438 of Cr.P.C|seeking anticipatory bail in Crime No.110/2016 of|Ramapura Police Station, Chamarajanagar for alleged|offence punishable under Section 379 of IPC, besides|sections 4(1A), 21 of M.M.R.D. (Mines and Minerals|Regulation of Development) Act, 1997 .|
2. Heard learned counsel for petitioner as wellas learned HCGP for respondent.
3. Counsel for petitioner during the course of|arguments has contended that the accused is an|innocent person and he has not at all committed the|alleged offence with the other accused in the alleged|crime of transportation of sand by tractor bearing|registrationNo.KA-10-T-7427andtrailerbearing registration No.KA-10-T-1629. However, the co accused|have already been granted bail in Criminal Petition|No.8636/2016 dated 16.12.2016 by this Court by|imposing certain conditions stipulated therein. The)respondent-police are making hectic efforts to arrest|this accused without there being any reason. Therefore,the counsel for petitioner is praying for extension of|parity and the accused is ready to abide by any|conditions and praying for bail.
4. Per contra, learned HCGP submits that there|are prima facie material against the accused in|participating with other accused in the commission ofoffence. Since from committing the alleged offence the|accused is absconding and that itself would indicate|that there are prima facie material against the accused|and he is not deserving for bail and seeks for rejection|of the bail petition. |
G.
Oo. Having regard to the contentions urged by thelearned counsel for the petitioner as well as the learnedHCGP and the fact that the co accused have already|been granted bail by this Court by imposing certain|conditions stipulated therein. Therefore, I am of the)considered opinion that the accused deserves bail.Counsel for the petitioner has also produced a copy of|Crl.P.No.8636/2016 dated 16.12.2016 for _ perusal.Accordingly, I proceed to pass the following:
ORDER|
Petition is hereby allowed subject to following,conditions:
92:Petitioner-accused shall appear before theInvestigating officer in Crime No.110/2016 ofRamapuraPolice.station,Chamarajanagar|District, within twenty days from the date ofreceipt of a copy of this order, by executingbond for a sum ot|V50,000/- with one surety for the likesum to the satistaction of him in the.event of his arrest.
922:Petitioner-accused shall co-operate with the)Investigating Officer during the course of,Investigating Officer during the course of, investigation, if necessary.
9222:Petitioner-accused shall not tamper or hamper|
the case of the prosecution witnesses.
92+:Petitioner-accused shall mark his attendance|
once in fortnight as per the English monthly)
calendar between 10 a.m. to 5 p.m. for a period|of three months before the concerned SHO..of three months before the concerned SHO..
9+:The petitioner-accused shall not involve in any)
criminal activities henceforth.
Sd/-.
JUDGE