Karnataka High CourtDharma vs State By Alur Police Station on 27 November, 2014Author:A.V.ChandrashekaraBench:A V Chandrashekara1


   IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 27TH DAY OF NOVEMBER, 2014

                         BEFORE

       THE HON'BLE MR. JUSTICE A V CHANDRASHEKARA

CRIMINAL PETITION Nos.6806, 7248, 7249 & 7250 OF 2014


IN CRL.P NO.6806/2014:

BETWEEN:

DHARMA
S/O KESHAVEGOWDA
AGED ABOUT 34 YEARS
RESIDING AT BALLURUPURA VILLAGE
PALYA HOBLI, ALUR TALUK
HASSAN DISTRICT-573 213.
                             ... PETITIONER

(BY SRI: SANDEEPA S H, ADV.)


AND:

STATE BY ALUR POLICE STATION
HASSAN DISTRICT
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE-560 001.
                                  ... RESPONDENT

(BY SRI: B. VISWESWARAIAH, HCGP)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME
NO.214/2014 OF ALUR POLICE STATION, HASSAN, ON THE
FILE OF CIVIL JUDGE (JR.DN.) & JMFC COURT AT ALUR,
                             2


HASSAN DISTRICT, FOR THE OFFENCE P/U/S.4(1A), 21 OF
MMRD ACT, 1957 AND U/S.379 OFIPC.


IN CRL.P NO.7248/2014:

BETWEEN:

NEMIRAJ
S/O LRESHAGOWDA
AGED ABOUT 30 YEARS
RESIDING AT KAGANURU VILLAGE
KUNDUR HOBLI, ALUR TALUK
HASSAN DISTRICT-573 213.
                                ...   PETITIONER
(BY SRI: SANDEEPA S H, ADV.)


AND:

STATE BY ALUR POLICE STATION
HASSAN (D)
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE-560 001.
                                ... RESPONDENT
(BY SRI: B. VISWESWARAIAH, HCGP)

       THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CRIME NO.171/2014 OF ALUR
P.S., HASSAN, FOR THE OFFENCES P/U/S.379OFIPCAND
U/S.4(1)(A)21OF MMRD ACT.


IN CRL.P NO.7249/2014:

BETWEEN:

JAMIL AHAMMED
S/O ABDUL JALIL
AGED ABOUT 40 YEARS
                               3


RESIDING AT BAGE VILLAGE
BELAGODU HOBLI
SAKALESHPURA TALUK
HASSAN DISTRICT-573 214.
                                  ...   PETITIONER

(BY SRI: SANDEEPA S H, ADV)


AND:

STATE BY ALUR POLICE STATION
HASSAN DISTRICT
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE-560 001.
                                  ... RESPONDENT

(BY SRI: B. VISWESWARAIAH, HCGP)


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF HIS ARREST IN CRIME NO.128/2014 OF ALUR
P.S., HASSAN, FOR THE OFFENCES P/U/S.379OFIPCAND
U/S.4(1A),21OF MMRD ACT.


IN CRL.P NO.7250/2014:

BETWEEN:

JAMEEL AHAMMED
S/O ABDUL JALEEL
AGED ABOUT 40 YEARS
R/AT BAGE VILLAGE
BELAGODU HOBLI
SAKALESHPURA TALUK
HASSAN DISTRICT-573 214.
                                  ...   PETITIONER

(BY SRI: SANDEEPA S H, ADV.)
                                     4


AND:

STATE BY ALUR POLICE STATION
HASSAN DISTRICT
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE-560 001.
                                        ... RESPONDENT

(BY SRI: B. VISWESWARAIAH, HCGP)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST IN CRIME NO.152/2014 OF
ALUR P.S., HASSAN, FOR THE OFFENCES P/U/S.379OFIPCAND U/S.4(1),4(1A)OF MMRD ACT.

    THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:


                             COMMON ORDERPetitioner in Crl.P.6806/2014 is the sole accused in

Cr.No.214/2004 of Alur Police Station, petitioner in

Crl.P.7248/2014 is accused No.2 in Cr.No.171/2004 on

the    file   of   Alur   Police   Station,   petitioner   in   Crl.P

7249/2014 is accused No.1 in Cr.No.128/2014 on the file

of Alur Police Station and petitioner in Crl.P.7250/2014 is

accused No.2 in Cr.No.152/2014 on the file of Alur Police

Station.52.    All these petitions have been filed underSection 438Cr.P.C. seeking anticipatory bail by the

appellant-accused and these cases relate to violation of

the provisions ofMMDR Act, 1957andSection 379IPC.

They are apprehending arrest at the hands of respondent

police and hence, applications have been filed seeking

anticipatory bail.3.    Learned Government Pleader has vehemently

opposed these bail applications on the ground that if the

petitioners are let on bail, they are likely to repeat the

similar offence and they will not co-operate with the

investigating officer in conducting the investigation.4.    Admittedly,   the       offences   are   exclusively

triable by the respective Court of JMFC. Petitioners are

permanent resident of their respective villages in Hassan

District having deep roots in the society. In the light of

their unequivocal undertaking that they will obey the

conditions imposed on them by this Court and in the light

of the seizure of vehicles and the sand which was sought6to be illegally transported, the apprehension of the

learned Government Pleader could be suitably met with

by imposing proper conditions.5.      In this view of the matter, petition is allowed

and bail is granted to the petitioners, subject to the

following conditions:-(i)     Petitioners are ordered to be released on
             bail on their executing a personal bond in
             a sum of Rs.75,000/- each with one
             surety, for the likebond to the satisfaction
             of   the   Investigating       Officer     who    is
             conducting investigation in the above said
             crime numbers.(ii)    Petitioners   shall       surrender   before     the
             Investigating    Officer       on     or    before
             10.12.2014 and shall co-operate with the
             Investigating Officer in conducting further
             investigation.(iii)   Petitioners shall not involve themselves in
             any criminal activities.7(iv)   Petitioners shall not holdout threats to
            the prosecution witnesses in any manner.Sd/-JUDGE




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