NAGARAJ Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused under section 438 of Cr.P.C., 1973 in C.C. No.545/2016 arise out of Ron P.S. in Crime No.135/2016 for the offences punishable under Sections 379 of IPC, 1860, besides Section 21 of MMDR Act, 1957. Learned counsel for the petitioner is praying for enlarging him on anticipatory bail in the event of his arrest.

(2.) Heard the learned counsel for the petitioner and the learned Addl. SPP for the Sate.

(3.) It is stated in the complaint that the PSI of Ron P.S. has lodged a complaint against the accused before the respondent Police alleging that on 07.07.2016 he got a credible information about the person being an accused involved in an activity for having transporting the sand illegally without having any valid permit. Subsequent to getting the credible information, he secured his staff members as well as panch witnesses. The team formed and had been to the scene of crime and found that the petitioner, being driver of tipper bearing No.KA-24/6602 found in a loaded sand without having any valid permit. Therefore, on filing of the complaint before the Police and based upon his complaint, case in Crime No.135/2016 came to be registered. Thereafter, I.O. taken up the investigation in the said crime and laid the charge sheet against the accused in C.C. No.545/2016.