CRL.P/9645/2016 of SIDDARAJU Vs THE STATE OF KARNATAKA BY on 29 December 2016

ORDER

This petition is filed by accused No./ under|section 438 of Cr.P.C seeking anticipatory bail in CrimeNo.270/2015 (C.C.No.667/2016) of Kollegala Rural|Police Station, Chamarajanagar District for alleged|offences punishable under Sections 4(1), 4(1A), 21(1)(3),21(4) MMRD Act and Section 379 of IPC.

2. Heard learned counsel for petitioner as well asthe learned High Court Government Pleader for|respondent.

3. Counsel for petitioner during the course of|arsuments has contended that the accused is an|innocent person. Despite of it his name has been|named in the charge sheet laid by the Investigating|

Officer in C.C. No.667/2016 (Crime No.2770/2015) forthe alleged offence as narrated in FIR. This accused|name is disclosed in the statement by the co-accused.It is further contended that respondent-police made|hectic efforts to arrest this accused without there being|any reason. Counsel for the petitioner has taken a|contention that the petitioner-accused hails from the|respectable family and is ready to abide by any|conditions and prays for considering the bail petition assought for.

4. Per contra, learned HCGP submits that a casecame to be registered against accused in Crime|No.270/2015 as this petitioner being arrayed as|accused No.7, the investigating officer laid charge sheet|against the accused. There are prima facie material|against accused in participating with other accused in|the commission ot otfence. Learned HCGP submits that|

if the accused is released on bail certainly he would|come in the way of case of the prosecution and destroy|evidence and hence prays for rejection of the bail|petition. The Investigating Officer has laid charge sheetagainst accused by indicating his name. That itself|indicates that there are prima facie material against theaccused that he is involved in transportation of the sandfrom the Cauvery River Shore, Mulluru village and also|has used the bullock carts as contended by learned|HCGP. However charge sheet has been laid against theaccused, hence it does not require detailed discussion|while considering bail petition of the accused. However,the apprehension of learned HCGP could be suitably|met with, by imposing certain conditions to safeguard|the interest of the prosecution.

Oo. Having regard to the contentions of the learned|counsel for the petitioner as well as the learned HCGP|

for the respondent as stated above, I am of the|considered opinion that the accused deserves bail.Accordingly, I proceed to pass the following:

ORDER|

Petition is hereby allowed subject to following,conditions:

7!:Petitioner-accused shall appear before theInvestigating officer in Crime No.270/2015 of)Kollegala Rural Police Station, Chamarajanagar|District relating to C.C.No.667/2016, within|twenty days from the date of receipt of a copy of|this order, by executing bond for a sum of,V50,000/- with one surety for the likesum to|the satistaction of him in the event of his arrest.Investigating officer in Crime No.270/2015 of)Kollegala Rural Police Station, Chamarajanagar|District relating to C.C.No.667/2016, within|twenty days from the date of receipt of a copy of|this order, by executing bond for a sum of,V50,000/- with one surety for the likesum to|the satistaction of him in the event of his arrest.

7!!:Petitioner-accused shall co-operate with theInvestigating Officer during the course ofinvestigation, if necessary. Investigating Officer during the course ofinvestigation, if necessary.

6|

7!!!:Petitioner-accused shall not tamper or hamper the case of the prosecution witnesses.

7!9:Petitioner-accused shall mark his attendance|

once in fortnight as per the English monthlycalendar between 10 a.m. to 5 p.m. for a periodcalendar between 10 a.m. to 5 p.m. for a period ot three months before the concerned SHO.

79:The petitioner-accused shall not involve in any criminal activities henceforth.

Sd/-.

JUDGE