IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE HON' BLE MRS. JUSTICE RATHNAKALA CRL.P.No.6197/2017 BETWEEN:
1. SHASHIKUMAR S/O LATE HONNEGOWDA AGED ABOUT 25 YEARS R/AT KADAVINAKOTE VILLAGE HALEKOTE HOBLI HOLENARSIPURA TALUK HASSAN DISTRICT-573211.
2. JAVAREGOWDA LATE PUTTEGOWDA AGED ABOUT 48 YEARS R/AT KADAVINAKOTE VILLAGE HALEKOTE HOBLI HOLENARSIPURA TALUK HASSAN DISTRICT-573211.
3. KEMPEGOWDA S/O LATE MARIGOWDA AGED ABOUT 53 YEARS R/AT KADAVINAKOTE VILLAGE HALEKOTE HOBLI HOLENARSIPURA TALUK HASSAN DISTRICT-573211.
4. KUMAR S/O LATE DEVEGOWDA AGED ABOUT 39 YEARS R/AT KADAVINAKOTE VILLAGE HALEKOTE HOBLI HOLENARSIPURA TALUK HASSAN DISTRICT-573211.
5. MADEGOWDA S/O LATE KARIYAPPA AGED ABOUT 50 YEARS R/AT KADAVINAKOTE VILLAGE HALEKOTE HOBLI HOLENARSIPURA TALUK HASSAN DISTRICT-573211. ... PETITIONERS (BY SRI SYED AKBAR PASHA, ADV.) AND:
THE STATE OF KARNATAKA BY HOLENARSIPURA TOWN POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. ... RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRL.P FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME.NO.174/2016 OF HOLENARASIPURA TOWN POLICE STATION, HASSAN, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 379 OF IPC AND SECTIONS 4(1A), 21 OF M.M.R.D. ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners apprehend arrest by the respondent-police in Crime No.174/2016 registered in respect of offence punishable under Section 4(1A), 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 of IPC.
2. The allegation is, on 26.6.2016, the petitioners were found transporting sand illegally in five bullock carts. The bullock carts were seized under mahazar and the petitioners disappeared from the spot on noticing the police personnel.
3. Learned counsel for the petitioner submits that offence alleged is compoundable; as per the resolution arrived at by the District Sand Monitoring Committee on 23.1.2017 permission is obtained from the District Commissioner to compound in respect of pending cases the offence before the Lok-adalat. Hence, petitioners do not intend to contest the case and would avail the benefit of compounding the offence before the Lok-adalat.
4. In light of the above submission, the petition is allowed. The petitioners are enlarged on bail in Crime No.174/2016 subject to the following conditions:
(i) They shall forthwith appear before the respondent-Investigating Officer.
(ii) In the event of their arrest, they shall be released on bail by executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with one surety for the likesum to the satisfaction of the I.O.
Sd/- JUDGE ln.