Allowed

Sri. Davalsab S/O Abdulsab Bodlekhoan v. the State of Karnataka

Karnataka HC22 Nov 2018CRL.P/101582/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed an anticipatory bail petition filed under Section 438 Cr.P.C. granting the petitioner release on a personal bond of Rs. 20,000 with one surety, subject to conditions regarding witness tampering and court attendance.

What did the court decide?

The petition under Section 438 Cr.P.C. is allowed; the petitioner shall be released on bail upon execution of a personal bond of Rs. 20,000 with one surety, subject to specific conditions.

Sri. Davalsab S/O Abdulsab Bodlekhoan Vs the State of… — Anticipatory Bail | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 22^nd DAY OF NOVEMBER 2018

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BEFORE

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THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

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CRL.P NO.101582 OF 2018

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BETWEEN

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SRI. DAVALSAB S/O ABDULSAB BODLEKHAN, AGE: 30 YEARS, OCC: OWNER OF THE VEHICLE, R/O: ARASHINAGODI, TQ: NARAGUND, DIST: GADAG.

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... PETITIONER

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(BY SRI. S M KALWAD, ADV.)

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AND

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THE STATE OF KARNATAKA, REP. BY ITS NARGUND P.S., THROUGH ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD.

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... RESPONDENT

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(BY SRI.PRAVEEN K UPPAR, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

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438 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE NARAGUND POLICE STATION IN CRIME NO.164/2016 FOR THE OFFENCE PUNISHABLE U/S.379 OF IPC & 21, 22 OF MMRD ACT, 1957.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed under Section 438 of Cr.P.C., wherein the petitioner seeks to enlarge the him on bail in the event of their arrest in Crime No.164/2016 of Naragund P.S. for the offences punishable under Section 379 of IPC, Section 21 and 22 of Mines and Minerals Regulation Development Act, 1957.

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The complaint is given by Revenue Inspector, Naragund alleging that on 12.07.2016 at about 5.30 p.m. himself and the officers of mining department were proceedings near Raddernaganur

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village and at that time one tractor trailer loaded with sand came and they stopped it and on enquiry with the driver and has failed to produce any pass or permit regarding transportation of sand; so complainant came to police station along with sand loaded by the tractor and trailer and filed complaint against the accused for the aforesaid offences before the respondent-Police.

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Learned counsel for the petitioner submits that the petitioner is agriculturist and coolie and has no criminal background. The petitioner was falsely implicated in the present case and the petitioner is the sole bread earner in his family.

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The learned HCGP opposes the bail

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application.

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In the context and circumstances of the case, I find that there is no impediment to grant bail.

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However, the apprehension of the prosecution would be resolved by imposing conditions. Hence, the following:

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ORDER

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The petition under Section 438 of Cr.P.C. is allowed. In the event of arrest of the petitioners in Crime No.164/2016 of Naragund P.S. for the offences punishable under Section 379 of IPC, Section 21 and 22 of Mines and Minerals Regulation Development Act, 1957they shall be released on bail, on he executing a personal bond for a sum of Rs.20,000/- with one surety for like sum to the satisfaction of the jurisdictional Court subject to following conditions:

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The petitioner shall not tamper or terrorize the persecution witnesses in any manner.

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The petitioner shall mark his attendance before the concerned Judicial Magistrate

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once in a month on every second and third week of Sunday in between 10:00 p.m. and 11.00 p.m. until further orders.

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SD JUDGE

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Sri. Davalsab S/O Abdulsab Bodlekhoan v. the State of Karnataka

Case brief

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Sri. Davalsab S/O Abdulsab Bodlekhoan v. the State of Karnataka

Case brief

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