IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7826/2017 Between:
Meraj S/o Syamlal Haq Aged about 49 years R/at S.H.Complex, Sathi Road Chamarajanagar Town and District-571 313. …Petitioner (By Sri Manjunath N.D., Advocate) And The State of Karnataka Through Chamarajanagar Rural P.S Chamarajanagar District-571 313.
(Represented by SPP High Court of Karnataka, Bengaluru - 560 001 …Respondent (By Sri S.Vishwamurthy, 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 Crime No.100/2017 of Chamarajanagara Rural Police Station, Chamarajanagara for the offence p/u/s 21(4), 21(4A) of Mines and Minerals Regulation and Development Act and Rules 42(1), 43(2), 31R(13) of Karnataka Minor Mineral Concession Rule and Sec. 379 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioners apprehend their arrest by the respondent-police in their Cr.No.100/2017 registered in respect of the offence punishable under sections 21(4), 21(4A)of MMDR Act, 1959 and 42(1), 43(2), 31R(13) of KMMC Rules, 1994 and section 379 of IPC.
3. Initially, the petitioner was not arraigned as accused in the FIR and on the arrest of the driver of the vehicle and on his voluntary statement, he has shown as accused No.3 in the remand application submitted by the I.O.
4. The allegation of the prosecution is, the accused No.1 and 2 illegally transported granite from the quarry run by this petitioner, etc.
5. Sri Manjunatha N.D., learned counsel for the petitioner disputes that the incriminating material seized by the I.O. is very from his quarry and he is having valid licence to run the quarry.
6. In the light of the above, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.100/2017 registered by the respondent-Police, subject to the following conditions:
(i) He shall appear before the Investigating Officer forthwith. In the event, the Investigating Officer shall interrogate him, If he arrested by the respondent- Police, he shall be released on bail on his executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum.
(ii) He shall not threaten or prevail upon the complainant and other prosecution witnesses.
In view of disposal of main Petition, I.A.No.1/2017 does not survive for consideration. Accordingly, I.A.No.1/2017 stands disposed of.
Sd/- JUDGE DL