MOHAN T. N. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No. 221/2018 for the offences punishable under Sections 188, 379, 341, 323, 504, 353, 332 read with Section 34 of IPC, Section 3(1) of the Karnataka Minor Mineral Concession Rules, 1994 and Section 4(1A), 21(1)21(2), 21(3) of the Mines and Minerals Development and Regulation Act, 1957.

(2.) The case as has been made out by the prosecution in the complaint is that the complainant was an informer and on 02.10.2018 information was received that sand was being illegally transported in tractor-trailer on the midnight at around 12.00 a.m. The complainant and police officials went to the spot and noticed the tractor-trailer loaded with sand and the driver of the said vehicle ran away. It is stated that the complainant was driving the tractor-trailer towards the police station. At that point of time, about 3 persons were coming in a motor cycle in front of the tractor- trailer and the complainant stopped the vehicle. It is further stated that one of three persons volunteered to drive the tractor-trailer to the police station and when it was so being driven, an effort was made to take the vehicle in a wrong direction. At that point of time it is stated that the person coming in the motor cycle abused the complainant and pushed the motor cycle on the road and ran away. Subsequently, complaint was filed and investigation is in progress.

(3.) Learned counsel for the petitioner states that allegations against accused Nos. 1 and 2 are substantially similar. Question as to who actually abused the officials and committed the offence is a matter to be established during trial and states that in light of accused No.2 having been enlarged on anticipatory bail as per order dated 20.02.2019 passed in Crl.P.No.8664/2018 petitioner is also entitled to the same relief on the principle of parity. It is further stated that the owner of the vehicle has been enlarged on regular bail pursuant to the proceedings in Crl.Misc. No.1091/2018.