IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.7935/2017 BETWEEN HARIYENDRA S/O DOMBAYYA POOJARY AGED ABOUT 32 YEARS R/AT PANIMERU HOUSE ARAMBODY VILLAGE BELTHANGADY TALUK – 574 201 (BY SRI.DHANANJAY KUMAR, ADVOCATE) AND STATE OF KARNATAKA REPRESENTED BY VENOOR POLICE D.K. DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA ... PETITIONER ... RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.85/2016 OF VENOOR POLICE STATION, DAKSHINA KANNADA DISTRICT WHICH IS REGISTERED FOR THE OFFENCE P/U/ RULE 36, 42, 44 AND 3 OF KARNATAKA MINOR MINERAL CONCESSION RULE AND SEC.21(4), 21(4A), 4, 4(1A) OF MINES AND MINERALS REGULATION OF DEVELOPMENT ACT AND SEC.379 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The petitioner along with five others is charge sheeted by the respondent-Police in respect of the offences punishable under Sections 21(4), 21(4A), 4(1A) and 4 of Mines and Mineral Regulation of Development Act and Section 379 of IPC; he is arraigned as accused No.4.
3. The case of the prosecution is, with the connivance of accused Nos.2 to 5, 1st accused illegally mined sand from the river bank stealthily had stored the same in his agricultural land.
4. Having regard to the nature of the allegation, petition is allowed. Petitioner is enlarged on bail in Crime No.85/2016 registered by the respondent-police, subject to the following conditions:-
i) He shall execute a self bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one surety for the like sum to the satisfaction of the concerned Court.
ii) He shall attend the Court regularly on all the hearing dates and shall not indulge in similar activities.
Sd/-
JUDGE BS