IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8731 OF 2018 BETWEEN:
Sri.S.Lokesh S/o Sri.Doddashanaiah, Aged about 42 years, Proprietor of M/s.Ananthashayana Stone Crushers, R/o. C/o. H.Lingappa, Ashoka Nagara R/o Timmalapura, Tumkuru City – 572 101.
...Petitioner (By Sri.Ganapati Bhat Vajralli, Advocate) AND:
The State of Karnataka Kyathasandra Police Station, Tumkur City.
Tumkur District – 572 101. Represented by its Public Prosecutor, High Court of Karnataka, High Court Building, Bengaluru-560 001.
...Respondent (By Smt.Namitha Mahesh B.G, 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 P.C.R No.538/2018 of Kyathasandra Police Station, Tumkur City for the offences P/U/S 4, 4(1A), 21, 22 and 23(A) of MMDR Act and read with Sections 3, 42, 43, 43(A) of KMMCR Rules, 1994.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.3 under Section 438 of Cr.P.C. seeking to release him on anticipatory bail in the event of his arrest in P.C.R No.538/2018 on the file of Civil Judge (Jr.Division) and JMFC, Tumakuru registered for the offences punishable under Sections 4, 4(1A), 21, 22, 23(A) of Mines and Minerals (Development and Regulation) Act, 1957 read with Rules 3, 42, 43, 43A of Karnataka Minor Mineral Concession Rules, 1994.
2. I have heard the learned counsel appearing for the petitioner-accused No.3 and also learned HCGP appearing for respondent-State.
3. The gist of the complaint is that on 02.08.2018 at about 11.30 pm the complainant on credible information visited M/s Sai Stone Crushers near Mydal village and there he noticed illegal mining being held and the Crushers Stones are being transported in a lorry bearing Reg.No.MH-14-BJ-2792. It is further alleged that the said activity has been conducted when there being no license and though the license has been lapsed they were carrying illegal mining activities and as such a private complaint has been registered.
4. It is the submission of the learned counsel for the petitioner that petitioner-accused No.3 was not present at the spot when the authorities of the Geologist visited the said place. The petitioner is not running quarry operations and as such, his license has not yet been renewed and pending with the Government. He further submitted that the false complaint has been registered against the petitioner. He apprehends his arrest, since already PCR has been registered and the Court has also taken cognizance of the said offence. He further submitted that the petitioner-accused No.3 is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.3 on anticipatory bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused No.3 is carrying out illegal mining though the license which has been expired and he is illegally crushing the stones and transporting in the lorry. Petitioner-accused No.3 is absconding since from the date of the registration of the case. If the petitioner-accused No.3 is released on bail, he may abscond and may not be available for trial. She further submitted that PCR has been registered and still the Court has to record the evidence and thereafter, it has to take cognizance and as such there is no apprehension of arrest of the accused. Hence, on these grounds she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for the petitioner and learned HCGP and perused the records.
7. Admittedly, the PCR has been registered in P.C.R No.538/2018 before the Civil Judge (Jr. Division) and JMFC, Tumakuru and the said Court has taken cognizance and already evidence of the complainant, has been recorded. When that being the case and that too when alleged offences are non bailable, under such circumstances there is apprehension in respect of cognizable offence and in that light the petition under Section 438 of Cr.PC is maintainable in law. The alleged offences are not punishable with death or imprisonment for life. Petitioner-accused No.3 is ready to offer sureties. Under such facts and circumstances, I feel, by imposing stringent conditions if the petitioner- accused No.3 is ordered to be released on bail which is going to meet the ends of justice.
8. In the light of above facts and circumstances, petition is allowed and the petitioner- accused No.3 is ordered to be released on anticipatory bail, in the event of his arrest in P.C.R No.538/2018 on the file of Civil Judge (Jr.Division) and JMFC, Tumakuru, registered for the offences punishable under Sections 4, 4(1A), 21, 22, 23(A) of Mines and Minerals (Development and Regulation) Act, 1957 read with Rules 3, 42, 43, 43A of Karnataka Minor Mineral Concession Rules, 1994, subject to the following conditions:
1. In the event of his arrest, the Investigating Officer is directed to enlarge him on bail on executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the Investigation Officer.
2. He shall surrender before the Investigation Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission.
5. He shall not indulge in similar type of criminal activities of illegal mining.
Sd/- JUDGE ag