VENKATESH R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of Cr.P.C. by accused No.2 in Cr.No.180/2017 of Challakere police station now pending in CC No.739/2020 before the Principal Civil Judge (Jr.Dn) & JMFC Court, Challakere, Chitradurga.

(2.) A suo moto case was registered in Cr.No.180/2017 on a complaint lodged by the PSI of Challakere police station on 21/4/2017 against the owner and driver of the lorry bearing No.KA-40-1263 for the offence punishable under Ss. 21(1), 4, 4(A) of Mines and Minerals (Development and Regulation) Act, 1957 and Sec. 379 r/w 34 of IPC alleging that they were illegally transporting sand without any valid permit.

(3.) Petitioner is said to be the owner of the lorry in question and he is arraigned as accused No.2. The material placed on record reveal that he was granted anticipatory bail by the learned Sessions Judge by an order dtd. 27/10/2017 in Crl.Misc.No.169/2017 and subsequently he absconded. Non-Bailable warrant issued against him is pending, hence, he is facing threat of his arrest.