MUHAMMED ASFAQ ALI Vs. STATE BY SAKALESHPURA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.2 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Section 379 read with 34 of IPC and also under Section 4(1) , 21(1) of Mines and Minerals (Regulation and Development) Act , registered in respondent police station Crime No.215/2015.

(2.) The prosecution case as per the complaint averments that on 10.10.2015 one Veerabhadraiah, Revenue Inspector, has given the written statement before the respondent Police making the allegation that on 10.09.2015 at about 12.15a.m., the complainant and his staff were on patrolling duty at the Highway, at that time, the complainant saw two abandoned lorries bearing Reg.No.TN-70-P-5517 and KA56-0638, consisting of sand and upon inspection the lorries, the complainant has not found anybody. The complainant reported the said matter to his higher officer and on their instruction he brought the lorries to Tahasildar Office, then it was brought to the notice of Deputy Commissioner Hassan and lodged the complaint. On the basis of the same, firstly FIR came to be registered against the owner and the driver of the vehicle, but their names is not specifically mentioned in the FIR.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.