SMT. LAKSHMAMMA Vs. THE STATE BY

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of her arrest, she be released on bail for the offences punishable under Section 379 of IPC and Sections 4(1) and 4(1A) of M.M.R.D. Act and Rules 42 and 44 of K.M.M.C. Rules registered in respondent Police Station Crime No.5/2015.

(2.) The prosecution case as against the petitioner is that she is the owner of the land wherein mining of the sand, without having any valid document or permit, was carrying on. On the basis of the same, case came to be registered.

(3.) It is the contention of the learned Counsel for the petitioner that she is the owner of the land and she is residing at Bengaluru. On the date of the alleged incident, there was no mining activity in the said land. False allegations are made against the petitioner. It is contended by the petitioner that she is ready to abide by any condition that may be issued by this Court and she will cooperate in the progress of the case.