High CourtsSINGLE BENCH(2017) 01 KAR CK 0284

SHEENA @ SRINIVASA @ KARISEENA S/O BASAVAIAH @ BASAVANAIK vs STATE OF KARNATAKA BY KOLLEGALA RURAL POLICE STATION CHAMARAJANAGARA DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR

Karnataka High Court · Decided on 19 January 2017

HON’BLE JUDGES
Rathnakala
RESULT
Allowed
CASE NUMBER
9701 of 2016

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Judgment

5 paragraphs · 229 words
1.

Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent.

2.

The respondent-police have charge sheeted the petitioner in their Cr.No.26/2016 in respect of the offence punishable under section 3(1) of Karnataka Minor Mineral Consistent Rule 1994, sections 4(1) 4(1A) 21(1) and (3) and 21(4) of Mines and Minerals Regulation of Development Act 1957 and section 379 of IPC.

3.

The specific allegation against the petitioner (A-3) is, he connived with A-1 and A-2 in illegal transportation of sand. In fact the case was registered against the driver of the lorry and as per the submission at the bar, abruptly the petitioner is implicated as A-3 without showing specific allegation in the charge sheet. The co- accused are on bail.

Having regard to the circumstances explained, there is no impediment to allow the petition.

Accordingly, the petition is allowed. Petitioner is granted anticipatory bail for a period of three weeks from today. Within the above period, he shall surrender before the concerned Court and move for regular bail. The benefit of this order will be in force till disposal of his regular bail petition. In the event of the arrest of the petitioner by the respondent-I.O. within the above period, he shall be released on bail on executing a self bond for Rs.50,000/- with one surety for the likesum.