BOOPATHI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused under Section 438 of Cr.P.C in Crime No.61/2016 registered by the M.M.Hills Police Station, Chamarajanagar, for the alleged offences punishable under Sections 379, 353, 114 read with 34 of IPC seeking grant of anticipatory bail in the event of their arrest by the respondent among the grounds urged therein.

(2.) Heard the learned counsel for the petitioners and learned HCGP for the respondent-Police.

(3.) Learned counsel for the petitioners contended that the petitioners have been arraigned as accused Nos.2 and 3 in Crime No.61/2016 registered by the M.M.Hills Police Station for the offences punishable under Sections 379, 353, 114 read with 34 IPC. The allegation is that on an enquiry by the respondent-Police, the accused were involved in transportation of sand without having any valid license. The co-accused persons namely, accused Nos.4 to 7 have already been granted bail in Cri.Mis.No.5224/2016 on 16.11.2016. The respondent-Police are making hectic efforts to arrest the petitioners without there being any reasons. It is further contended that the petitioners-accused are innocent persons and have no nexus with the alleged crime. Moreover the accused are ready to abide by the terms and conditions that would be imposed by this Court while granting bail. Since the co-accused are already granted bail, applying the principles of parity, the present petitioners-accused are entitled to be released on bail.