IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.7919/2017 BETWEEN:
Nagalingam S/o Late Veeran Aged about 39 years R/at V.V. Nagar, 3rd Cross Vengamedu, Karur District Tamilnadu Present R/at Surabhi Residence 1st Floor, Near Ooty Circle Opp. To SBM, Gundlupet Town Chamarajanagar District-571 111. .. PETITIONER (By Sri Veerabhadra Swamy H.P., Adv.) AND:
The State of Karnataka By Gundlupet Police Station Chamarajanagar District Represented by the State Public Prosecutor High Court of Karnataka Bangalore-560 001. .. RESPONDENT (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.
No.289/2016 of Gundlupete P.S., Chamarajanagara for the offence punishable under Section 420 of IPC and Section 4(1), 4(1A) and 21(1) of Mines and Minerals regulation of Development Act, 1957.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-accused under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of his arrest, he be released on bail for the offences punishable under Sections 4(1), 4(1A), 21(1) of MMDR (Mines and Minerals Regulation of Development) Act and Section 420 of IPC registered in respondent Police Station Crime No.289/2016.
2. Brief facts of the case of prosecution is that one M.S. Subramanya of Mines and Geology department lodged a complaint alleging that on 24.12.2016 at about 4.30 p.m., they received credible information that the mining was being conducted without permit and accordingly, on next day at about 6 a.m., he had been to the spot i.e., quarry in Kothanuru village and found that three persons were extracting size stone by cutting the rock and seeing the officials, they ran away and nearly one tractor load of size stones were heaped there and then on verification, the police officials found that the said vehicle was Hundai Itchy bearing Reg. No.110-7. On the basis of the said complaint, the case was registered by the respondent police.
3. I have heard the learned Counsel appearing for the petitioner-accused and the learned High Court Government Pleader appearing for the respondent-State.
4. FIR came to be registered against the three unknown persons. The petitioner contended that he was not present at the spot when the offence was committed and there is false implication of his name in the case. It is the contention of the petitioner that he is having an apprehension of arrest in the hands of respondent police. He has undertaken that he is ready to abide by any condition that may be imposed by this Court. The alleged offences are triable by the Court of Magistrate and they are not exclusively punishable with death or imprisonment for life.
5. Therefore, the petition is allowed. The respondent-police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences registered in respondent Police Station Crime No.289/2016, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and have to furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Cs/-
Sd/- JUDGE