IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3902 /2019 BETWEEN:
Sri K Shivalingappa @ Siddalingappa S/o Basappa Aged about 66 years Occ: Coolie / Agriculturist R/o Kattige Village, Honnali Taluk, Davanagere District – 577217.
(By Sri Adithya Kumar.H.R., Advocate) AND:
State of Karnataka Represented by State Public Prosecutor, High Court Building Complaint by Senior Geologist, Mines and Geological Dept.
Davanagere – 577217.
(CC No.446/2018 in PCT NO.42/2018) (By Sri K.P.Yoganna, HCGP) ... Petitioner ... Respondent This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in C.C.No.446/2018 (P.C.R.No.42/2018) on the file of Civil Judge and J.M.F.C., Honnali for the offences punishable under Sections 4(1) and 4(1-A) of M.M.R.D Act and Rules 3(1) and 42(1) of K.M.M.C. Rule.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has filed the petition seeking to be enlarged on bail in the event of his arrest in respect of offences punishable under Sections 4(1) and 4(1-A) of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 3(1) and 42(1) of Karnataka Minor Minerals Concession Rules 1994, as made out in the complaint that is PCR No.42/2018.
2. On the basis of the private complaint registered by the Senior Geologist, the Senior Geologist has inspected the spot along with the villagers and it is stated that on the basis of the information of the villagers, it has come out that the petitioner was allegedly carrying out stone crushing and quarry activities illegally without obtaining permission from the Government Authority in land bearing Sy.No.109/P1 which is stated to be a gomal land. Cognizance was taken, criminal case was registered and summons was issued to the petitioner.
3. It is the contention of the petitioner that there are no criminal antecedents; that there is no illegal quarrying and stone crushing activity which even otherwise is a matter to be established during trial. It is further submitted that none of the witnesses as listed out are from the same village in which the land is situated and hence, it is contended that no case is made out for arrest of the petitioner.
4. Learned High Court Government Pleader opposes the grant of anticipatory bail and contends that loss is caused to the Government exchequer by the illegal activities of the petitioner.
5. Taking note of the fact that the case rests on evidence to be adduced during trial, there being no recovery of any equipment from the spot, the question as to whether the petitioner was involved in quarrying illegally in the said land is a matter to be established during trial. It is also noted that there are no criminal antecedents.
6. Accordingly, taking note of the nature of offences alleged and the punishment prescribed, petitioner is entitled to be enlarged on bail with necessary conditions and to cooperate with the investigation.
7. Accordingly, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest for the offences punishable under Sections 4(1) and 4(1- A) of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 3(1) and 42(1) of Karnataka Minor Minerals Concession Rules 1994, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE GJM