IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2442 OF 2019 BETWEEN:
JAGADEESH NAIK, S/O POOJAR LAKSHMAN NAIK, AGED ABOUT 48 YEARS, R/AT BEVINAHALLI DODDA THANDA, HARAPPANAHALLI TALUK, DAVANAGERE DISTRICT – 572 113. ...PETITIONER (BY SRI. K.LAKSHMIKANTH, ADVOCATE) AND:
STATE OF KARNATAKA, REPRESENTED BY SENIOR GEOLOGIST, GEOLOGIST DEPARTMENT OF MINES AND GEOLOGICAL, DAVANAGERE. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001. …RESPONDENT (BY SRI.K.P.YOGANNA, 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 ON BAIL FOR THE OFFENCES P/U/Ss.4(1) AND 4(1-A) OF MMRD ACT, 1957, AND SECTIONS 3(1) AND 42(1) OF KARNATAKA MINOR MINERAL CONCESSION RULES, 1994 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, DISMISSING THE BAIL PETITION ON 26.03.2019 IN CRL.MISC.NO.272/2019.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. to release him on anticipatory bail in C.C.No.45/2019 on the file of Civil Judge & JMFC., Harappanahalli, for the offences punishable under Sections 4(1) and 4(1-A) of Mines and Minerals (Development and Regulation) Act, 1957 and Sections 3(1) and 42(1) of Karnataka Minor Mineral Concession Rules, 1994.
2. I have heard the learned counsel appearing for the petitioner, learned High Court Government Pleader appearing for the respondent-State and perused the records.
3. A private complaint came to be lodged by the Senior Geologist against the petitioner making allegations that on 13.07.2018, the complainant has visited along with the police officers to a Government land situated at Uchchangidurga village and found that some people were carrying the mining operations and committed theft of 6364 metric tonnes of stones and caused loss of `3,81,840/- to the Government. On enquiry with the people, who were there nearby the said place, the complainant came to know that the petitioner was doing the same. Therefore, collecting the materials like photographs and RTC extracts, a complaint came to be lodged.
4. Looking to the above said circumstances; nature of allegations and facts of the case, it is only an information secured by the Senior Geologist from other persons that the accused is the person, who is committing such an illegal act that has to be proved before the Court beyond reasonable doubt. At this stage, in my opinion, the petitioner is entitled to be enlarged on bail with stringent conditions so as to enable the Trial Court to proceed with the matter in accordance with law and conclude the trial. Hence, the following order:
The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with C.C.No.45/2019 on the file of Civil Judge & JMFC., Harappanahalli, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Davanagere District without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
Sd/- JUDGE cp*