K H NANDEESHA Vs. STATE

JUDGEMENT

(1.) This petition is filed by the accused under Sec. 438 CrPC seeking anticipatory bail in the event of his arrest by Banakal Police Station in Crime No.59/2019 for the offence punishable under Ss. 379 IPC, pending on the file of Additional Civil Judge & JMFC, Mudigere.

(2.) The facts briefly stated are that on the report submitted by Police Inspector, District Crime Intelligence Bureau (DCIB), Chikkamagaluru, the police have registered the case. The allegations are that the DCIB police on receiving credible information, had gone to Kolluru village and they noticed that the petitioner - accused had stored about 10 loads of sand near the house.

(3.) On registering the case, the police started making attempts to arrest the petitioner. Hence, the petitioner had approached the Sessions Court by filing Criminal Misc. No.941/2019. The said petition was allowed and bail was granted to the petitioner subject to certain terms and conditions. The petitioner was unable to comply with condition No.3 i.e., production of vehicle before the Investigating Officer. Therefore, the Investigating Officer had approached the Court for cancellation of bail in Criminal Misc. No.584/2020. The said petition was allowed and the bail granted in favour of the petitioner in Crl. Misc. No.941/2019 was cancelled. Being aggrieved by the said order, the petitioner had preferred Criminal Revision Petition No.219/2021. The said petition was rejected reserving liberty to the petitioner to approach the Court of Prl. District & Sessions Judge, Chikkamagaluru, to file fresh petition under Sec. 438 CrPC seeking anticipatory bail. Pursuant to the said order, the petitioner filed bail petition before the Sessions Court in Crl. Misc. No.180/2021. But the said petition was rejected. Hence, the petitioner has approached this Court seeking anticipatory bail.