NAGARAJ Vs. STATE REP.BY

JUDGEMENT

(1.) The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 304(2) and 430 of IPC r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act , 1957 in Crime No.581 of 2020, seeks anticipatory bail.

(2.) The case of the prosecution is that on 16.06.2020 at about 2.00 p.m., on a secret information the de-facto complainant, VAO went to the petitioner's land for enquiry and found that the petitioner excavated the land for sand. Thereafter, in the said pit, the son of the petitioner fell down and died. Hence, the complaint.

(3.) The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is a father of the deceased and the petitioner dig up the land, which is a patta land, for excavating the sand. Unfortunately, his son fell down in the pit and died. Therefore, he prays to grant anticipatory bail to the petitioner.