IRANNA S/O MALLAPPA BALIGER Vs. STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, THROUGH NAREGAL POLICE STATION, TQ

JUDGEMENT

(1.) The accused in Crime No.118/2016, registered with Naregal Police, for the offence punishable under Section 21 of MMRD Act, 1957 read with section 379 of IPC, has come up in this petition seeking anticipatory bail.

(2.) Admittedly in this proceedings the complainant is none other than the Sub-Inspector of Police by name Manjula B. Sadariyavar, who was the Police Sub-Inspector of Naregal Police Station at the relevant time. The complaint would indicate that on 12.8.2016 at about 1.20 p.m. when she was in the police station, she received credible information with reference to mining of minor mineral namely sand being stolen and illegally transported in Eicher tractor.

(3.) The letter dated 12.8.2016 which is addressed by the very same officer to the Station House Officer (SHO), Naregal Police Station, indicate that she went to the place of incident along with panchas and staff of police station namely CPC 1000, 502 and apprehended the tractor bearing registration No.KA-37/T-2876 which was coming from Gaddi Halla side loaded with illegally mined sand being transported in the said tractor. The complainant would state that she stopped the said vehicle, apprehended the driver who is none other than the petitioner herein, ascertained his name, father's name, age, his caste, occupation, place of residence etc., and also enquired from which place he loaded the sand into the tractor and to which place he was taking the same and would also record in the letter that he was transporting the said sand to Naregal from Gaddi Halla and she also enquired with him whether he had required permit to mine and transport the sand, for which she has secured answer that he neither had permit nor pass for transporting of the sand from Gaddi Halla which is government revenue land and after getting confirmation that the said sand is illegally loaded into the said tractor and being illegally transporting to Naregal, she took him along with the loaded tractor and trailer to the police station and said to have handed over the said person to the SHO by name Hanumantappa Tippanna Halli, who is Assistant Sub-Inspector of Police in rank.