IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5102/2019 BETWEEN M RAGHAVENDRA S/O MARI RAO AGED 40 YEARS OCC:AGRICULTURIST R/O NO.13, HANCHALI-ULUVE KAVADI, SRINGERI TALUK CHIKKAMAGALURU DISTRICT-577 139 ... PETITIONER (BY SRI. RAVINDRA B. DESHPANDE, ADVOCATE) AND THE STATE OF KARNATAKA BY SRINGERI POLICE STATION KOPPA SUB DIVISION CHIKKAMAGALURU DISTRICT-577 139 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 …. RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) 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 CR.NO.61/2019 REGISTERED BY SRINGERI P.S., CHIKKAMAGALURU FOR THE OFFENCE P/U/S 379 OF IPC AND SECTIONS 4(1), 4(1A), 21 OF MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the Respondent–State. Perused the records.
2. The allegations made against this petitioner (A1) in brief are that, after lifting the sand from Tunga River with the help of JCB and Tractors, he has stored the same in the backyard of his newly built house and also in a place at a distance of 50 meters from his house, in between forest trees adjacent land of his land for the purpose of unlawful gain.
3. It is the case of the prosecution that, on 20.06.2019 at about 5.00 pm., when one R.V. Gangadharappa, the Police inspector of Sringeri Police Station was investigating the case in Crime No. 61/2019 within the jurisdiction of Hanchali village, he found that, some person has illegally stored sand of about 15 tractor loads worth Rs.50,000/- in the backyard of petitioner’s newly built house, and also at about 50 meters distance another 20 loads of sand worth Rs.75,000/- was found to be stored in between the forest trees, without any permission from Mines and Geology Department or without any licence. Therefore, suspecting that, one Raghu @ Raghavendra has stored the sand in the said place, wrote a report at the spot and sent the same to the Police Station for registration of a case. Thereafter, a case in Crime No. 61/2019 came to be lodged by respondent-Sringeri Police for the offence punishable under Sections 379 of IPC along with Sections 4, 4(1) & 4(1)(A) & 21 of Mines and Minerals (Regulation and Development) Act, 1957 ( for short, ‘MMRD Act’), which is now pending before the Court of the Principal Civil Judge (Jr.Dn.) and JMFC, Shringeri, Chickmagalur.
4. The allegations disclose that the alleged sand was actually stored in the backyard of the newly built house of the petitioner (A1) and also in between the forest trees at a distance of 50 meters from his newly built house. But, at present there is no material to show that, who has actually lifted the alleged sand from Tunga River and who stored the alleged sand in the said places; and only on suspicion, the said case was initiated against the petitioner (A1) herein. In my opinion, the said facts have yet to be thoroughly investigated. Moreover, it is submitted that, the alleged sand has already been seized by the said police.
5. In the facts and circumstances of this case, at this stage, since there is no material to show that, the petitioner (A1) is the owner of the alleged place and it is not yet known that, actually who has lifted the sand from the river, and also the offences being not punishable with serious punishment and also considering the nature of the allegations, in my opinion, the petitioner (A1) is entitled to be enlarged on bail. Accordingly, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner (A1)-M.Raghavendra shall be released on bail in the event of his arrest by Sringeri Police, in connection with Crime No.61/2019, registered for the aforesaid offences, now pending before the Court of Principal Civil Judge (Jr.Dn.) and JMFC, Sringeri, Chickmagalur, subject to the following conditions:-
i) The petitioner (A1) 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 his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like- sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner (A1) shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner (A1) 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 (A1) shall not leave the jurisdiction of Chickmagalur District without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner (A1) shall mark his attendance once in a week ie, on every 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.
KGR* Sd/-
JUDGE