LAWS(KAR)-2016-5-31

D.S. PRABHUSWAMY Vs. STATE OF KARNATAKA

Decided On May 19, 2016
D.S. Prabhuswamy Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is filed U/s 438 of Cr.P.C. seeking anticipatory bail in the event of his arrest in Crime No.61/2016 registered in Rural Police Station, Chamarajanagar, for the offences punishable U/Ss 21(4), 21(4A) of MMRD Act and Rule 42(1), 43(2) and 31R(13) of Karnataka Minor Mineral Consistent Rule, 1994.

(2.) The case of the prosecution is that, on credible information of illegal transport of sand, the respondent -Police, who were patrolling near Bendarawadi tank, found that the tractor and trailer bearing registration No. KA -09/T -7216, and KA -09/ T -7217 were loaded with sand. On verification, it was found that the tractor -trailer belongs to the petitioner. The police have seized the tractor trailer and a case was registered against the petitioner.

(3.) On apprehension of arrest, the petitioner approached the Prl. District and Sessions Judge, Chamarajanagar, in Crl. Mis No.158/2016 seeking anticipatory bail. The said case has been dismissed on 7th April, 2016. Hence the petitioner approached this Court.