Case Note & Summary
The petitioner, Iranna S/o Mallappa Baliger, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in Crime No.118/2016 registered with Naregal Police Station, Ron Taluka, Gadag District, for offences punishable under Section 21 of the Mines and Minerals (Regulation and Development) Act, 1957 (MMRD Act) read with Section 379 of the Indian Penal Code, 1860 (IPC). The complainant was the Sub-Inspector of Police, Manjula B. Sadariyavar. The court observed that the petitioner was not required for custodial investigation and that the offences alleged were not exclusively investigated by the police. Accordingly, the court allowed the petition and directed that in the event of arrest, the petitioner be released on bail subject to conditions including executing a personal bond of Rs. 1,00,000 with one surety, appearing before the investigating officer as required, not tampering with evidence, and not leaving the jurisdiction without permission.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Offences under Section 21 of MMRD Act, 1957 and Section 379 IPC - The petitioner sought anticipatory bail in Crime No.118/2016 registered by Naregal Police for offences under Section 21 of MMRD Act, 1957 and Section 379 IPC. The court held that the petitioner is not required for custodial investigation and granted anticipatory bail with conditions. (Paras 1-3)
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC for offences under Section 21 of MMRD Act, 1957 and Section 379 IPC.
Final Decision
The petition is allowed. In the event of arrest of the petitioner in Crime No.118/2016 of Naregal Police Station, the respondent is directed to release him on bail on executing a personal bond of Rs. 1,00,000 with one surety for the likesum, subject to conditions: (i) petitioner shall appear before the investigating officer as and when required; (ii) petitioner shall not tamper with prosecution evidence; (iii) petitioner shall not leave the jurisdiction of the court without prior permission.
Law Points
- Anticipatory bail
- Section 438 CrPC
- MMRD Act
- Section 21 MMRD Act
- Section 379 IPC
- custodial investigation not required
