IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.533/2019 C/W CRIMINAL PETITION NO.534/2019 IN CRIMINAL PETITION NO. 533/2019 BETWEEN:
1. Keshava Murthy S/o Chaluvegowda, Aged about 44 years Agriculturist, Ajaneya Hosahalli Village Konanur Hobli, Arakalgud, Hassan District – 573130.
2. Nirvanegowda K.R. @ Kumara, S/o Ramegowda, Aged 32 years, Agriculturist, R/at Kerekodi Village Konanuru Hobli, Arkalgud Taluk, Hassan District – 573 130. ... Petitioners (By Sri Shiva Prasad Y.S, Advocate) AND:
The State of Karnataka By Konanuru P.S. Resp by SPP High Court Buildings, Bengaluru – 560 001. ...Respondent (By Smt. Namitha Mahesh B.G, 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 Crime No.97/2016 (C.C.No.274/2017) of Konanur Police Station, Hassan District for the offences punishable under Sections 4(1A), 21 of MMDR Act, Section 42, 44 of Karnataka Minor Mineral Concession Rule and Sections 420, 379 of IPC.
IN CRIMINAL PETITION NO.534/2019 BETWEEN:
Sri Nirvanegowda K.R @ Kumara, S/o. Ramegowda Aged 32 years Agriculturist R/at Kerekodi Village Konanuru Hobli Arkalgud Taluk Hassan District Pin – 573130. ... Petitioner (By Sri Shiva Prasad Y.S., Advocate) AND:
The State of Karnataka By Konanuru P.S. Resp by SPP, High Court Buildings, Bengaluru – 560 001. ...Respondent (By Smt. Namitha Mahesh B.G., 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.364/2016 registered by Konanur Police Station, Hassan District for the offences punishable under Sections 4(1A) and 21 of Mines and Minerals Regulation of Development Act and Rule 42 and 44 of Karnataka Minor Mineral Concession Rule and Section 379 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R Crl. P.No.533/2019 has been filed by the petitioners – accused Nos.1 and 2 under Section 438 of Cr.P.C. to release them on anticipatory bail in Crime No.97/2016 and Crl. P. No.534/2019 has been filed by the petitioner – accused No.2 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.364/2015 of Konanur Police Station for the offences punishable under Section 4(1A), 21 of Mines and Minerals (Development and Regulation) Act, 1957 and under Section 42, 44 of Karnataka Minor Minerals Concession Rules and Section 420, 379 of IPC.
2. The factual matrix of the case are that when the Investigating Officer, on credible information, went and saw the accused – petitioners they were extracting a sand near Cauvery river and on seeing the Investigating Officer, accused persons ran away from the place by leaving their tractors and the Investigation Officer came to know that the said tractors belonged to the petitioners and they are not having any valid permission and license to extract the sand and the said tractors have been seized and a case has been registered in this behalf.
3. It is the submission of the learned counsel for the petitioners that the alleged offences are not punishable with death or imprisonment for life. The accused persons are innocent and they are not involved in the alleged offence. It is submitted that petitioners were not present on the spot. It is the driver of the said tractor who used the said vehicles. They are ready to abide by any condition imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petitions.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted the petitioner – accused No.2 i.e., Sri Nirvanegowda K.R. has filed a Crl. P. No.10173/2017 and this Court vide order dated 17.01.2018, has granted anticipatory bail and as such, the present petition is not maintainable in law. It is further submitted that the petitioner – accused No.2 in Crl. P. No.534/2019 earlier filed bail application in Crl. P.No.10174/2017 and in the said bail petition, a memo has been filed not pressing the petition as against him and thereafter, the petition came to be dismissed in respect of petitioner i.e., Keshavamurthy. She also further submitted that the accused – petitioners are involved in transportation of sand which affects the ecology and they are not having any permit or license to do the said act. She also submitted that the accused – petitioners, if released on anticipatory bail again, may indulge in similar type of activities. On these grounds, she prays to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
6. This Court has secured the records pertaining to Crl. P. No.10173/2017. The said records indicate that the petitioner Sri Nirvanegowda @ Kumara S/o Ramegowda has filed the petition in Crl. P. No.10173/2017 and this Court, vide order dated 17.01.2018, has granted anticipatory bail by imposing stringent conditions and directed the petitioner - accused to appear before him within 30 days from the date of the said order and to execute a personal bond and surety bond. When already this Court has released accused No.2 on anticipatory bail vide the said order, then the instant second bail application in the same crime number does not survive for consideration and so far as the petition against the petitioner – accused No.2 Nirvanegowda K.R. @ Kumar it is dismissed with a direction that he should appear before the Investigating Officer and execute a bond and then the Investigating Officer is directed to take bonds as ordered by this Court in Crl. P. No.10173/2017 dated 17.01.2018.
7. In so far as the petitioner – accused No.1 in Crime No.533/2019 is concerned, the name of petitioner – accused No.1 is not found in the complaint. Even the alleged offences are not punishable with death or imprisonment for life. Whether the petitioner – accused are involved in the alleged offences or not is a matter which has to be considered and appreciated only when the charge sheet is filed after completion of investigation. The accused – petitioners are ready to abide by the conditions imposed by this Court and ready to offer surety. Hence, I am of the opinion that if accused – petitioners are ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, petitions are allowed and the petitioner - accused No.1 in Crl. P. No.533/2019 and petitioner – accused No.2 in Crl. P. No.534/2019 are ordered to be released on anticipatory bail in the event of their arrest in Crime No.97/2016 and 364/2016 respectively of Konanur Police Station for the offences punishable under Section 4(1A), 21 of Mines and Minerals (Development and Regulation) Act, 1957 and under Section 42, 44 of Karnataka Minor Minerals Concession Rules and Section 420, 379 of IPC subject to the following conditions:
1. In the event of their arrest, the Investigating Agency is directed to enlarge them on bail on each of them executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) each with two sureties for the likesum to the satisfaction of the Investigating Agency.
2. They shall surrender before the Investigating Agency within 15 days from today.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall not leave the jurisdiction of the Court without prior permission.
5. They shall mark their attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till trial is concluded.
6. They shall not indulge in similar type of activities. If again they indulge in similar type of activities, the Investigating Officer is at liberty to file an application for cancellation of the bail.
SD/- JUDGE nms