IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7267 OF 2019 C/W CRIMINAL PETITION NO.7280 OF 2019, CRIMINAL PETITION NO.7281 OF 2019, AND CRIMINAL PETITION NO.7282 OF 2019 IN CRIMINAL PETITION NO.7267 OF 2019: BETWEEN:
C.K.DEVARAJU, AGED ABOUT 45 YEARS, S/O KALE GOWDA, R/O NO.4600, 22ND CROSS, V.V.NAGAR, KALLAHALLI VILLAGE, MANDYA – 571401. …PETITIONER (BY SRI H.C.HANUMAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY MINES AND GEOLOGY DEPARTMENT, MANDYA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001.
2. STATE OF KARNATAKA BY MANDYA RURAL POLICE, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001. …RESPONDENTS (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.472/2019 PENDING ON THE FILE OF JMFC COURT, MANDYA DISTRICT, FOR THE OFFENCE P/U/S 3 (1), 32 AND 42 (1) OF KARNATAKA MINOR MINERAL CONCESSION RULE AND UNDER SECTION 4 (1), 4 (1-A) OF MMRD ACT.
IN CRIMINAL PETITION NO.7280 OF 2019: BETWEEN:
Y.B.BASAVARAJU, AGED ABOUT 55 YEARS, S/O LATE PATEL BORE GOWDA, R/O NO.396/A, YELECHAKANAHALLI VILLAGE, KOTHATHI HOBLI, MANDYA TALUK AND DISTRICT-571478. …PETITIONER (BY SRI H.C.HANUMAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY MINES AND GEOLOGY DEPARTMENT, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001.
2. STATE OF KARNATAKA, BY MANDYA RURAL POLICE, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001. …RESPONDENTS (BY SRI HONAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.472/2019 PENDING ON THE FILE OF J.M.F.C., MANDYA FOR THE OFFENCE P/U/S 4(1), 4(1-A) OF MMRD ACT, 1957 AND RULE 3(1), 32, 42(1) OF KARNATAKA MINOR MINERAL CONCESSION RULES 1994.
IN CRIMINAL PETITION NO.7281 OF 2019: BETWEEN:
SAGAR, AGED ABOUT 26 YEARS, S/O MALLESHA, R/O NO.396/A, KODISHETTIPURA VILLAGE, MANDYA TALUK AND DISTRICT – 571478. …PETITIONER (BY SRI H.C.HANUMAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY MINES AND GEOLOGY DEPARTMENT, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001.
2. STATE OF KARNATAKA, BY MANDYA RURAL POLICE, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001. …RESPONDENTS (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN FIR NO.C.C./472/2019 FOR THE OFFENCE P/U/S 3(1), 32 AND 42(1) OF KARNATAKA MINOR MINERALS CONCESSIONS RULES 1994 AND U/S 4(1), 4(1-A) OF MMRD ACT 1957.
IN CRIMINAL PETITION NO.7282 OF 2019: BETWEEN:
1. SYED RIYAZ AHAMMED, AGED ABOUT 48 YEARS, S/O SYED IQBAL AHAMMED, R/O NO.1885, 2ND PHASE, 2ND STATE, RAJIV NAGARA, DEVANUR EXTENTION, UDAYAGIRI, MYSORE – 570 019.
2. K.R.VENKATESH, AGED ABOUT 43 YEARS, S/O LATE RAJU, R/O NO.3335, 21ST MAIN ROAD, VIJAYANAGARA, 2ND STATE, MYSORE – 570017. …PETITIONERS (BY SRI H.C.HANUMAIAH, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY MINES AND GEOLOGY DEPARTMENT, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001.
2. STATE OF KARNATAKA, BY MANDYA RURAL POLICE, MANDYA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001. …RESPONDENTS (BY SRI HONNAPPA, 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.472/2019 PENDING ON THE FILE OF J.M.F.C., MANDYA DISTRICT FOR THE OFFENCE P/U/S 4(1) AND 4(1A) OF M.M.R.D ACT AND RULE 3(1) 32 AND 42(1) OF KARNATAKA MINOR MINERAL CONCESSION RULES.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R All these criminal petitions are arising out of common criminal case in C.C.No.472/2019.
Crl.P.No.7282/2019 is filed by accused No.3.
2. The brief facts of the case are that all the accused persons are illegally extracting the building stones in the land bearing Sy.No.141 measuring 0.24 acres since two years without valid licence and permission from Government and thereby they have caused loss of royalty to the Government to the total extent of Rs.1,22,61,060/-. They have not even filed any application for grant of permission or licence. Therefore, on the above said grounds the Police have visited the said place belonging to the accused persons and seized certain articles from the said spot and lodged a private complaint before the jurisdictional Court.
3. The complaint was lodged by the Senior Geologist making the above said allegations. Though the accused persons have been indulging in such an activity for more than two years, no action has been taken against them. Whether they are doing such an act without any licence or permission or any permission is granted to them, all those things have to be ascertained during the course of full dressed trial.
4. Looking to the above said facts and circumstances, as there is no custodial interrogation is necessary so far as the petitioners are concerned, in my opinion they are entitled for grant of anticipatory bail subject to stringent conditions. Hence, the following:
ORDER The petitions are allowed. Consequently, petitioners/accused Nos.6, 1, 5 and 3 shall be released on bail in the event of their arrest in connection with C.C.No.472/2019 for the offences punishable under Sections 4(1), 4(1-A) of Mines and Minerals (Regulation and Development) Act, 1957 and Rules 3(1), 32 and 42(1) of Karnataka Minor Mineral Concession Rules, 1994 on the following conditions:
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bonds for a sum of Rs.50,000/- with two solvent sureties for the like-sum to the satisfaction of the concerned Jurisdictional Court.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
BSR Sd/- JUDGE