IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7294 OF 2019 BETWEEN :
M.J. BOREGOWDA, S/O. LATE JAVEREGOWDA, AGED ABOUT 45 YEARS, RESIDING AT MUNDAGDORE VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA-571 445.
(BY SRI: C.N.RAJU, ADV.,) AND :
STATE BY ARAKERE POLICE, MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
(BY SRI: ROHITH B.J., HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.152/2019 REGISTERED BY ARAKERE POLICE STATION, MANDYA FOR THE OFFENCE P/U/S 4(1)(1A), 21(1), 21(3) AND 21(4) OF MINES AND MINERALS DEVELOPMENT AND REGULATION ACT, 1957, SECTION 3(1) OF KARNATAKA MINOR MINERAL CONCESSION RULE AND SECTION 379 AND 511 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 HCGP for the respondent - State. Perused the records.
2. The petitioner is arraigned as Accused No.1 in Crime No.152/2019 for the offence punishable under Sections 4(1)(1A), 21(1), 21(3) and 21(4) of Mines And Minerals Development and Regulation Act, 1957, Section 3(1) of Karnataka Minor Mineral Concession Rule and Section 379 and 511 of IPC.
3. The allegations are that the respondent- police after receipt of credible information, they had been to Mundugadore, Arakere Hobli, Srirangapatna Taluk and found that some persons were blasting stones in a stone quarry belonging to this petitioner. After seeing the police, those two persons ran away from the spot leaving a tractor bearing registration No.TN-49/J-1474 along with other equipments used for blasting of stones. The police came to know that the said land belonged to the petitioner. On that ground, the police are making hectic attempts to arrest the petitioner.
4. At the time of arguments, the learned HCGP submits that the said land does not belongs to the petitioner, but it is a government land in which two persons were blasting stones. Therefore, under the above said facts and circumstances, the petitioner is entitled to be enlarged on anticipatory bail only on the basis of suspicion the FIR appears to have been registered against them. Hence, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No152/2019 of Avakere Police Station, Mandya, for the offence punishable under Sections 4(1)(1A), 21(1), 21(3) and 21(4) of Mines And Minerals Development and Regulation Act, 1957, Section 3(1) of Karnataka Minor Mineral Concession Rule and Section 379 and 511 of IPC, subject to the 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 shall execute personal 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 Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or 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 the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in fifteen days on any 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.
Sd/- JUDGE Snc