IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.7594 OF 2018 Between:
Kavitha S.V., W/o Dinesh K., Aged about 36 years, Residing at No.122, Nagarau Colony, Dasanapura Hobli, Bangalore City – 560 014.
Represented by GPA Holder: S.Allappa, S/o Siddappa, Aged about 35 years, Residing at Kullapura Village, Devalapura Post, Kora Hobli, Tumkur Taluk – 534 104.
(By Sri.Lakshmikanta K., Advocate) And:
1. Lokesh Kumar G.N., Senior Scientist, Aged about 40 years, Department of Mines …Petitioner And Geology, Tumkur City – 571 414.
2. State of Karnataka, By Kyathsandra Police Station, Tumkur District, Tumkur. Represented by its State Public Prosecutor, High Court Building, Bangalore – 01.
(By Smt. K.P.Yashodha, HCGP for R2) ...Respondents This Criminal Petition is filed under Section 482 of Cr.P.C. praying to modify the condition No.1 i.e., furnishing the 20 Lakhs Bank Guaranty in the order dated 18.08.2018 passed on the application filed by the petitioner under Section 451, 457 of Cr.P.C in PCR No.277/2018 by the learned Principal Civil Judge and JMFC – I, Tumkuru and etc., This Criminal Petition coming on for admission, this day, the Court made the following:-
ORDER The petitioner has sought for modification of condition No.1 i.e., furnishing Bank Guarantee for `20,00,000/- in the order dated 18.08.2018, passed on the application filed by the petitioner under Sections 451 and 457 of Cr.P.C in PCR No.277/2018 on the file of the Principal Civil Judge and JMFC-I, Tumakuru, which has been confirmed by the Principal Sessions Judge, Tumakuru.
2. The question of modification of the order dated 18.08.2018 and any interference in respect of the order of the Principal Sessions Judge, does not arise having regard to the statutory provisions, namely, Sub- rule (8) of Rule 43 of the Karnataka Minor Mineral Concession Rules, 1994 is very specific and the word used is ‘shall’, which mandates the Court. Thus, the petitioner has not made out the case.
Accordingly, the petition stand dismissed.
Sd/- JUDGE Mds/-