IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7401/2017 Between:
1. Mr. Anand S/o Kuncha Mugera Aged about 49 years R/at 3-74, Majalu Near to Bandi Road Bantwal Taluk D.K.District-574 221.
2. Hyder S/o Hussain Aged about 57 years R/at 3-80, Maninalkuru Bantwal Taluk D.K.District-574 221. …Petitioners (By Sri Lethif B., Advocate) And State of Karnataka Represented by Tahsildar Bantwal, D.K.District Rep. by SPP, High Court building Bengaluru- 560 001. …Respondent (By Sri S. Vishwamurthy, HCGP.) This criminal petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in C.C.No.1681/2016 pending on the file of Additional Civil Judge and JMFC, Buntwal, D.K., which is registered for the offences p/u/s 4(1), 4(1A), 21 of MMDR Act, 1959 and Rules 3(1), 42(1), 43(2), 44 of Karnataka Mines and Minerals Concession Rules, 1994 and Sec. 379 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioners are arraigned as accused persons by the Special Court in a proceedings initiated on the private complaint of jurisdictional Geologist for the offences punishable under sections 4(1), 4(1A), 21 of MMDR Act, 1959 and Rules 3(1), 42(1), 43(2), 44 of KMMC Rules, 1994 and section 379 of IPC.
3. Learned counsel for the petitioner submits that they are innocents of the offences. The petitioners apprehend that they may be remanded to judicial custody by the Court in view of non-bailable offence punishable under section 379 of IPC alleged against them.
4. Having regard to the nature offence, there is no impediment to allow the bail petition. The petition is allowed. Petitioners are granted anticipatory bail in C.C.No.1681/2016 pending on the file of Addl. Civil Judge & JMFC., Bantwal, D.K., for a limited period of three weeks.
Within the above period, they shall surrender before the concerned Court and move for regular bail.
Until disposal of the bail petition, this order will be in force.
In the event of their arrest by the respondent- Police within the above period, they shall be released on bail on their executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with one surety for the likesum to the satisfaction of the concerned Court.
Sd/- JUDGE DL