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IN THE HIGH COURT OF KARNATAKA

AT BENGALURU

DATED THIS THE 26^TH DAY OF MAY, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.3555 OF 2021

BETWEEN:

MADHU @ MASHUKAR,

S/O. ASHOKA,

AGED 36 YEARS,

BIDARAHALLI VILLAGE,

SAKALESHPURA TALUK,

HASSAN DISTRICT.

... PETITIONER

[BY SRI. SHETTY DEEPAK, ADVOCATE]

AND:

THE STATE OF KARNATAKA

REP BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BY MAHESH J E

AREHALLI POLICE SUB INSPECTOR

AREHALLI POLICE STATION,

AREHALLI, BELUR TALUK,

HASSAN DISTRICT-537 134.

... RESPONDENT

[BY SRI. SHOWRI H.R., HCGP]

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE

EVENT OF HIS ARREST IN C.C.NO.519/2020 (PCR.NO.2/2020) OF

AREHALLI P.S., HASSAN FOR THE OFFENCE PUNISHABLE UNDER

SECTIONS 4(1) AND 21(1) OF MMDR ACT.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH

VIDEO CONFERENCE, THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for petitioner and the learned

HCGP for respondent-State.

2.

Case of the prosecution is that on 22.11.2020 at

about 9.00 p.m., when the complainant and his staff were on

patrolling duty at Arehalli Town, they received a credible

information that few persons are illegally transporting sand in a

pick up vehicle and unloading the same near the house of one

Mohammed

Sherrif

at

Norway-Udumanahalli

Village.

The

complainant along with his staff and panch witnesses went to the

spot in the departmental jeep and found two persons unloading

the sand from a Mahindra Bolero pick up vehicle bearing

registration No.KA-46-7808 and saw one person sitting in the

said pick up vehicle. On seeing the complainant and others, the

person sitting in the pick up vehicle drove the vehicle. The

complainant chased and stopped the vehicle. However, the driver

and two others who were in the vehicle ran away. On search, the

complainant found that sand was loaded in the said vehicle which

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was being transported by the accused persons without any

permit or license.

4.

A private complaint was filed by the complainant

namely the Sub-Inspector of police, Arehalli, before the Court

of JMFC, Belur alleging offences punishable under Section

4(1A) and 21(1) of MMDR Act. It is alleged in the complaint

that after the persons who were transporting the sand ran

away, the present petitioner came and tried to take photo on

his mobile phone.

5.

Learned HCGP would contend that the petitioner is

involved in other cases and he is a rowdy sheeter and

therefore submits that the petitioner is not entitled for the

relief he has sought for. Hence, he sought to dismiss the

petition.

6.

The learned counsel for the petitioner submits that

in one of the case registered against the petitioner in Crime

No.114/2020 under section 379 of IPC, this court has quashed

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the proceedings. He submits that the petitioner is innocent

and he has been falsely implicated.

7.

The FIR averments do not show the involvement of

the petitioner in transporting the sand illegally. According to the

complaint, this petitioner came near the spot after other accused

persons, who were transporting the sand illegally, ran away from

the spot and took a photo in his mobile phone. The involvement

of the petitioner in the alleged offence has to be established in

due course. Petitioner has undertaken to abide by the conditions

that may be imposed by this court. Hence, I pass the following:

ORDER

The criminal petition is allowed. The petitioner – Accused

No.4 shall be enlarged on bail in the event of his arrest in CC

No.519/2020, pending on the file of the I Additional Civil Judge

and JMFC Court, Kadur, arising out of PCR No.2/2020, registered

for offences under Sections 4(1A) and 21 of MMDR Act, subject

to following conditions:

(i)

Petitioner shall