Mr. Chidananda Son of Shri. Guru Murthy and ors. Vs. the State of Karnataka and ors. - Court Judgment

Excerpt:
[k.n.keshavanarayana, j.] code of criminal procedure (crpc) - section 438 -- direction for grant of bail to person apprehending arrest -- this criminal petition is fifed under section 438 of the code of criminal procedure praying that this honble court may be pleased to enlarge the petitioners on bail in the event of their arrest in crko.2/12 of tavarefeere p.s., tumkur, for the offence p/u/3 379 at ipc and sec.42, 3(1) of karnataka minor mineral concession rule 1994.1. in this petition filed under section 438 of the code of criminal procedure, the petitioners who have been arrayed as accused nos.1 to 3 in crime no.02/2012 of tavarekere police station, registered for the offence punishable under section 379 of the indian penal code and rule 42 and 3(1) of karnataka miner mineral concession rule 1994, have sought for the relief of anticipatory bail.2. at the time of hearing the petition, the learned counsel for the petitioners submitted that subsequent to filing of this petition, petitioner no,3 accused no.3 was arrested and when produced before die learned magistrate, he has been released on bail. therefore, this petition in so far as it relates to petitioner, does not survive for consideration. to this effect he has also filed a memo memo is placed on record and in the light of the said demo, thin petition is considered only in respect of petitioner no8? 1 and 7.3. according to the prosecution, on the basis of the complaint lodged by village accountant of mosarukunte circle, gowdagere hobli, sira taluk, on 04.01.2012 the aforesaid case came to be registered and the investigation was taken up. according to the allegations made in the complaint, at about 05:30 p.m. on 03,01,2012 when the complainant along with tahasildar of sira taluk. revenue inspector and other staff came near government land bearing survey no. of hciakalu village,, they saw these petitioners taking cut the slabs from the quarry found in the same land- on seeing the revenue officials, the petitioners ran away from the place. it is further alleged that these petitioners without obtaining any quarrying lease, licence or permit, were carrying on quarrying operation in the government land and thereby they have violated the previsions of karnataka minor mineral concession rule, 1994 and also have committed acts of theft.4. the petition is opposed by the respondent - state,5. i have heard both sides. perused the records made available.6. admittedly the petitioners 1 and 2 have been arraigned as accused nos.1 and 2 in the case registered by the respondent - police. out of the two offences for which the case has been registered, the offence under section 379 is no n-bailable one. therefore, the apprehension of the petitioners 1 and 2 that they are likely to be arrested is well founded. reading of the complaint; no doubt prima facie indicate that petitioners, i and 2 had carried on quarrying operations in the government land without valid quarrying lease, licence or permit and thereby they have violated the provisions of rule 3 of the minor mineral concession which may extend to one year and fine, which may extend to five thousand rupees. even according to the complaint allegations, the petitioner 1 and 2 were trying to take out the stone slabs from the quarry. thus, there was no accomplished act of theft.7. having regard to the facts and circumstances of the case, there are no reasonable grounds to relieve that the petitioners are guilty of the offence punishable under section 379 of the indian peal code, therefore, the petitioners are entitled for the relief respondent - police are hereby directed to release the petitioners on bail in the event of their arrest in tavarekere police station, on each of them executing personal bond for a sum of rs.2c-.000/ - with one surety.8. accordingly the petition is allowed. the for the like sum to the satisfaction of the jurisdictional magistrate and subject to further conditions that,i) upon such arrest and release, the petitioners for the purpose of investigation shall appear before the investigating officer whenever called upon to do so and co-operate in the investigation of the caseii) the petitioners shall not tamper or terrorise the prosecution witnesses in any manner.iii) the petitioners shall not indulge in any acts similar to the one alleged in the case.iv)the petitioners shall appear on hearing dates before the court without it fell.v) the petition in so far as it relates to petitioner no.3 is concerned, dismissed as having become infructous.