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IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 16TH DAY OF JANUARY 2013

BEFORE

THE HON’BLE MR.JUSTICE K.N.KESHAVANARAYANA CRL.P.No.7803/2012

BETWEEN :

Gnanesh S/o Eshwarappa, Aged about 37 years, Occ: Agriculturist, Residing at Village, Hobli, Arasikere Taluk, Hassan District-573 125. ... Petitioner

[By Sri.R.B.Deshpande, Advocate]

AND :

The State of Karnataka, By Javagal Police Station-573 125. …Respondent

[By Sri.B.Raja Subramanya Bhat, Government Pleader]

This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.156/2012 of Javagal Police Station, Hassan, for the offence punishable under Section 379 of IPC.

This Criminal Petition coming for orders on this day, the Court made the following: -

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O R D E R

In this petition filed under Section 438 Cr.P.C., the petitioner arraigned as accused No.1 in Crime

No.156/12 of Javagal Police Station, Hassan District registered for the offences punishable under Section

379 of IPC, has sought for relief of anticipatory bail apprehending his arrest in the said case.

2. The petition is opposed by respondent - State.

3. I have heard both sides and perused the records made available.

4. Admittedly, the petitioner has been arraigned as accused No.1 in the aforesaid case registered for non- bailable offence. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded.

5. According to the case of the prosecution, in the early hours of 21.11.2012, the PSI, Javagal Police

Station received a credible information about illegal transportation of size stones removed from the nearby quarry situated in Government land in Arakere without

: 3 : any quarry permit. Therefore, the PSI along with pancha went to Arakere and found a Tipper lorry bearing registration No. KA-13 A 9857 loaded with size stones coming on the road. The said lorry was intercepted and when the driver was interrogated, he was unable to provide any satisfactory answer nor he produced any license or permit for transporting the said size stones. Therefore, the lorry along with size stones was seized. Thereafter, it was revealed that the lorry is owned by this petitioner. Thereafter, on the basis of the report of the Police Sub-Inspector, the aforesaid case came to be registered and taken up. On coming to know of the registration of the case, the petitioner approached the learned Sessions Judge for grant of anticipatory bail. However the same came to be rejected. Therefore, he is before this Court.

6. Even according to the case of the prosecution, the petitioner was not present in the lorry at the time of alleged transportation of the size stones illegally. Of course, the materials on record at this stage, prima facie

: 4 : indicates that the petitioner is the registered owner of the aforesaid lorry. However, on that ground itself it cannot be said that the petitioner is a party to the illegal transportation of size stones. Therefore, at this stage, there are no reasonable grounds to believe that the petitioner is guilty of the offence alleged.

7. Hence, the petition is allowed. The respondent-

Javagal Police in Hassan District are directed to release the petitioner on bail in the event of his arrest in connection with the case in Crime No.156/12 of the said Police Station, on his executing a personal bond for a sum of `50,000/- (Fifty thousand only) with one surety for the like-sum to the satisfaction of the arresting Officer and subject to further conditions that:

i) Upon such arrest and release, the petitioner shall appear before the Investigating Officer and shall cooperate in the investigation of the case;

ii) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner;

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iii) The petitioner shall not indulge in any acts similar to the one alleged in the case and

iv) The petitioner shall not leave the jurisdiction of the Court concerned without prior permission thereof.

Sd/- JUDGE

RS/*