IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION No.7082/2018 BETWEEN:
NAGARAJU G.H., S/O HANUMANTHAPPA, AGED ABOUT 38 YEARS, R/AT GUNDURU, VIRGUNAGARA, BANGALORE EAST TALUK, BANGALORE DISTRICT – 560 049. (R C OWNER OF THE TRACTOR/ TRAILER BEARING REG NO.KA-53-T-2494/2495) …PETITIONER (BY SRI RAVIKUMARA B.R., ADV., AND SRI PRAMOD K., ADV.,) AND:
STATE BY KOLALA PS., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING – 560 001. …RESPONDENT (BY SRI M.DIVAKAR MADDUR, 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.35/2017 OF KOLALA POLICE STATION, TUMAKURU FOR THE OFFENCES P/U/S 379 OF IPC, U/S 42(1), 44(6) OF KARNATAKA MINOR MINERAL CONCESSION RULE, 1994, U/SEC.4(1A), 21(2) OF MINES AND MINERAL (DEVELOPMENT AND REGULATION) ACT 1957.
THIS CRIMINAL PETITION COMING ON FOR ORDER, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER This petition has been filed under Section 438 of the Cr.P.C to release the petitioner/accused No.2 on anticipatory bail in Cr.No. 35/2017 of Kolala Police Station, Tumakuru, for the offences Punishable under Section 379 of IPC, under Section 42(1), 44(6) of Karnataka Minor Mineral Concession Rule, 1994 and under Section.4(1A), 21(2) of Mines and Mineral (Development and Regulation) Act 1957.
2. Heard the learned counsel for the petitioner and learned HCGP appearing for the respondent-State.
3. It is the submission of the learned counsel for the petitioner/accused that the learned District Judge has released accused No.1 on anticipatory bail and as such, he is again moving the bail application.
4. During the course of arguments, it is noticed that this Court had already considered the bail application filed under Section 438 of Cr.P.C, in the very same crime number in Criminal Petition No.487/2018, which was dismissed by order dated 12/07/2018. In the circumstances, I feel that there are no good grounds, as already this Court has taken a view that the accused persons cannot be admitted to the benefit of anticipatory bail. In that light, the present petition does not survive for consideration.
5. Petition is accordingly dismissed.
However, if the petitioner/accused surrender before the Court below and apply for regular bail, then the same may be considered without influenced by the observations made in Criminal Petition No.4874/2018, expeditiously.
Sd/- JUDGE Msu