IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7767/2017 BETWEEN:
1. SRI NAGARAJU G H S/O HANUMANTHAPPA, AGED ABOUT 37 YEARS, R/O GUNDUR, VIRGONAGAR, BENGALURU EAST TALUK BENGALURU – 78.
2. SRI. KEMPARANGAIAH S/O GOVINDAPPA, AGED ABOUT 46 YEARS, R/AT MUDALAPALYA, KOLALA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT – 577 141. ...PETITIONERS (BY SRI M.R.RAJAGOPAL, ADV.) AND:
THE STATE OF KARNATAKA BY THE INSPECTOR OF POLICE, KOLALA POLICE STATION, KORATAGERE TALUK TUMAKURU DISTRICT, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU – 01. ...RESPONDENT (BY SRI S. VISHWAMURTHY, HCGP) THIS PETITION IS FILED U/S.438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.81/2017 OF KOLALA P.S., TUMKURU DISTRICT FOR THE OFFENCES UNDER SECTIONS 2, 21, 4(1A) OF MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT AND SEC.379 OF IPC AND RULES 42(1),44(6) OF KARNATAKA MINOR MINERAL CONCESSION RULES.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioners apprehend arrest by the respondent-police in their Cr.No.81/2017 registered in respect of the offences under sections 2, 21, 4(1A) of MMDR Act, section 379 of IPC and Rules 42(1), 44(6) of KMMC Rules, 1994.
3. The allegation is, the accused persons were loading sand in a Tractor-Trailor by using a JCB in the Government land. They had no permit or licence for mining or transportation of the sand.
4. Learned counsel for the petitioners submits that the 1st petitioner is the owner of the Tractor-Trailor bearing Regn. No.KA-53-T-2494-2495. The 2nd petitioner is the owner of JCB bearing Regn.No.KA-64-M-0424. They were not present at the spot when the vehicles were seized under mahazar. One Venkatesh, S/o Narayanappa was engaged to drive the Tractor and one Mohammad Akbar, S/o Syed Gous was on the wheels of JCB at the alleged time of the incident. It is further submitted by the learned counsel for the petitioners that the petitioners had not instructed the drivers to use the vehicles for illegal purposes. They had no knowledge of the alleged offence of the year 2017.
In the light of the above, the petition is allowed. The petitioners are granted anticipatory bail in Cr.No.81/2017 registered by the respondent-police. They shall forthwith appear before the respondent-Investigating Officer. The Investigating Officer is at liberty to interrogate them. In the event of their arrest in the above case, they shall be released on bail on each of them executing a self bond for Rs.50,000/- with one surety for the likesum. They shall not use their respective vehicles for illegal purposes.
In view of the disposal of the main petition, I.A.1/17 for interim bail and I.A.2/17 seeking permission to raise additional grounds do not survive for consideration and the same stand disposed of.
Sd/- JUDGE Dvr: