SUMANTH Vs. STATE OF NAGAMANGALA POLICE, BANGALORE

JUDGEMENT

(1.) The petitioner along with five others have been accused of offences punishable under Sec. 353, 307, 427 & 439 of IPC and u/S. 3, 42, 44 KMMC Act R/W. Sec. 4(1A) -21 (1 TO 5) of MMDR Act 1957, in Cr. No. 244/2014 of Nagamangala Police Station. The other five accused have been granted bail by this court. Hence, the petitioner has filed this petition for anticipatory bail. Heard Ms. Archana Murthy, learned counsel for the petitioner and Sri. Nageshwarappa, learned HCGP and perused the records.

(2.) Learned counsel for the petitioner submits that the respondent police have foisted false case of mining and transportation of sand. She submits that the petitioner is innocent and no way connected with the alleged offences. The investigation is now complete and charge sheet has already been filed. Therefore, the petitioner is not required for any custodial interrogation. She further submits that Similarly placed accused persons 1 to 4 and 6 namely Madhu, Lokesh, Yogesh, Prakash and Venkatagiri, have already been released on bail by this Court in Crl. P. Nos. 37/2015, 6081/2014, 6171/2014 and 1679/2015 on 30.01.2015, 30.01.2015, 29.10.2014, 31.10.2014 and 6.04.2015. Accordingly, the petitioner prays for grant of bail on the ground of parity.

(3.) Per contra, learned HCGP opposes the petition contending that smuggling of sand is a serious offence and affects natural resources. On perusal of records reveals that the investigation is complete and charge sheet has been filed. Further five out of six accused have been granted bail by this Court in aforementioned petitions. The petitioner undertakes before this Court to obey any conditions which may be imposed. In the circumstances, I am of the opinion that by imposing proper conditions petitioner may be enlarged on bail. Hence the following: