SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C. by the petitioners seeking for anticipatory bail to release them on bail in the event of their arrest in Crime No. 49/2016 registered by the respondent - Police for the offences punishable under Sections 21(4), 21(4A) of MMRD Act and Rule 42(1), 43(2), 31R(13) of KMMC Rules, 1994 and Section 379 of I.P.C.

(2.) It is the case of the prosecution that, on 11.09.2015 on credible information received by the jurisdictional Police, they went to Gundlupet - Mysore Road, at about 9.15 a.m. they found that a Tractor and Trailor came from Mysore side transporting some goods. Police gave a signal to stop the said Tractor, the driver of the Tractor and Trailor stopped the said vehicle and ran away along with another person. On verification, it was found that the accused are transporting sand in the Tractor and Trailor bearing Registration No. KA -17/TA -6449 and KA -10/T -6266. The Police have seized the said vehicles. After necessary investigation, charge sheet has been filed against the petitioners for the offences punishable under Sections 21(4), 21(4A) of MMRD Act and Rule 42(1), 43(2), 31R(13) of KMMC Rules,1994 and Section 379 of I.P.C.

(3.) On apprehension of the arrest by the Police, petitioners have filed Criminal Misc. No. 161/2016 before the Principal District and Sessions Judge, Chamarajanagar seeking for anticipatory bail. The said application was rejected by the Principal District and Sessions Judge on 5th April 2016. Thereafter, the petitioners have filed this petition seeking anticipatory bail.