IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MAY 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.3414/2017 Between:
Sri. Shakeel Pasha S/o late Hajji Khalik Shariff Aged about 56 years Having office at No.11 Award lane, Richmond Town Bengaluru-560025.
And also KHB Colony Chamarajanagara Town Chamarajanagara - 571313.
(By Mr. Abhinav R, Advocate) And:
The State of Karnataka Rep. by Santhemarahalli Police Station Chamarajanagara District-571313 Rep. by SPP High Court of Karnataka At Bengaluru.
(By Mr. S. Vishwamurthy, HCGP) ...Petitioner ... Respondent This Crl.P. is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.85/2016 of Santemaralli Police Station, Chamarajanagar District, for the offence punishable under Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 42(3), 42(5), 43 of Karnataka Minor Mineral Concession Rules, 1994 and Sec.420 of IPC.
This Crl.P. coming on for orders this day, the Court made the following:-
ORDER The Respondent Police registered a case against the petitioner in respect of the offences punishable under Section 21 (1) of the Mines and Minerals (Development and Regulation) Act, 1957 and Rules 42(3), 42(5) and 43 of the Karnataka Minor Mineral Concession Rules, 1994 and Section 420 of IPC.
2. The allegation is, the petitioner running a Granite Quarry violated the conditions of the permit issued by the Mines and Geology Department and transported Granite beyond the permitted limit by tampering the Permit.
3. Having regard to the nature of the allegation, there is no impediment to allow the petition. Accordingly, the petition is allowed.
4. The petitioner is granted anticipatory bail in Crime No.85/2016, registered by the Santemaralli Police, subject to the following conditions:
1] He shall forthwith appear before the Respondent – Investigating Officer and in that event, the Investigating Officer is at liberty to interrogate him.
2] In the event of his arrest by the Respondent Police in respect of the above case, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only), with one surety for the like sum.
3) He shall not indulge in identical activities any more.
In view of the disposal of the main petition, I.A.No.1/2017 does not survive for consideration and is accordingly disposed of.
Sd/- JUDGE BMV*