NANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C., seeking for anticipatory bail in the event of arrest in Crime No.58/2016 registered on the file of Rural Police Station, Chamarajanagar, for the offences punishable under Sections 21(4) and 21(4A) of MMRD Act and Sections 42(1), 43(2), 31R(13) of KMMCR, 1994 read with Section 379 of IPC.

(2.) The case of the prosecution is that on receiving credible information on 10.03.2016 regarding illegal transportation of sand, the Police went to the spot at 5.00 p.m., and found that one tractor bearing Registration No.KA - 10/T -2539 and trailer .bearing No.KA -05/T -2540 was transporting sand. On seeing the police officials, the driver stopped the tractor and tried to run away. However, the police officer chased and caught hold of him. On enquiry, he has disclosed that the said tractor -trailer belonged to his father and he was working as a driver in the tractor -trailer. The police have registered the case against the driver of the tractor -trailer and also the petitioner who is the owner of the tractor -trailer. The driver of the tractor -trailer subsequently obtained regular bail. On apprehension of the arrest, the petitioner being the owner of the tractor -trailer filed a petition under Section 438 seeking anticipatory bail before the Principal District and Sessions Judge, Chamarajanagar, in Criminal Misc. Petition No.145/2016. That Criminal Misc. petition was dismissed by the District Judge, Chamarajanagar on 28.03.2016. Hence, the petitioner approached this Court.

(3.) The advocate appearing for the petitioner contended that the petitioner is not involved in any of the offences alleged against him. His son Chetana working as a driver in the said vehicle involved in transportation of the sand illegally. He was arrested and subsequently, released on bail. For the offences committed by son, his father who is the owner of the vehicle cannot be arrested and sought for anticipatory bail.