KESHAVA MURTHY S/O CHALUVEGOWDA Vs. THE STATE OF KARNATAKA BY KONANUR P.S REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos. 1 and 2 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 4(1A), 21 of Mines and Minerals (Regulation and Development) Act and Rule 42 and 44 of Karnataka Minor Mineral Concession Rule and Section 379 of IPC registered in respondent police station Crime No. 364/2016 and now pending in C.C. No. 248/2017.

(2.) The brief facts of the prosecution case that the sand was being transported in the tractor; on enquiry, the Driver told his name as Hemanth @ Venkatesh, he was not having any valid licence or permit to transport the sand. Therefore, the tractor along with the sand have been seized in the presence of panch witnesses. On the basis of the said complaint, firstly FIR came to be registered against Hemanth placing him as accused No. 1.

(3.) Heard the arguments of the learned counsel appearing for the petitioners/accused Nos. 1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State.