IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2220 OF 2019 C/W CRIMINAL PETITION NOS.2087 & 2263 OF 2019 IN CRIMINAL PETITION NO.2220 OF 2019 BETWEEN:
SRI. SHIVALINGAPPA S/O. RUDRAPPA AGED ABOUT 39 YEARS HEAD CONSTABLE (CHC-1164) PILLEKERANAHALLI VILLAGE CHITRADURGA DISTRICT-577 501. ...PETITIONER (BY SRI. N. SRINIVAS, ADVOCATE) AND:
STATE OF KARNATAKA BY CHITRADURGA RURAL POLICE STATION CHITRADURGA DISTRICT-577 501 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001. ...RESPONDENT (BY SRI. M. DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF THE CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.33/2019 OF CHITRADURGA RURAL POLICE STATION, CHITRADURGA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 21(1), 21(4), 21(4A) OF M.M.R.D. ACT AND SECTION 120B, 379 OF IPC.
IN CRIMINAL PETITION NO.2087 OF 2019 BETWEEN:
SRI. ASHOK KUMAR @ JIMMI S/O. R. BHOGESH AGED ABOUT 36 YEARS AGRICULTURIST R/AT RANGAIAHNABAGILU CHITRADURGA TALUK-577 520 CHITRADURGA DISTRICT. ...PETITIONER (BY SRI. A. LOURDU MARIYAPPA, ADVOCATE) AND:
THE STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR STATE BY SHO CHITRADURGA RURAL POLICE STATION CHITRADURGA DISTRICT-577 520 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. ...RESPONDENT (BY SRI. M. DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF THE CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.33/2019 OF
PUNISHABLE UNDER SECTIONS 4(1), 21(1), 21(4), 21(4A) OF M.M.R.D. ACT AND SECTION 379 OF IPC.
IN CRIMINAL PETITION NO.2263 OF 2019 BETWEEN:
VENKATA RAMUDU MAKKALA S/O. MAKKALA SUNKANNA AGED ABOUT 48 YEARS RESIDENT OF NO.39, BANDARPALLI TUMMALAPENTA KOLAMIGUNDALA KARNOOL DISTRICT ANDHRA PRADESH-518 123. ...PETITIONER (BY SRI. S.M. PATIL, ADVOCATE) AND:
THE STATE OF KARNATAKA BY CHITRADURGA RURAL POLICE REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-560 001. ...RESPONDENT (BY SRI. M. DIVAKAR MADDUR, HCGP) 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 CR.NO.33/2019 OF CHITRADURGA RURAL POLICE STATION, CHITRADURGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 379 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Crl.P. No.2220/2019 has been filed by accused No.12, Crl.P. No.2087/2019 has been filed by accused No.7 under Section 439 of Cr.P.C. and Crl. P. No.2263/2019 has been filed by accused No.3 under Section 438 of Cr.P.C. to release them on bail and anticipatory bail respectively in Crime No.33/2019 of Chitradurga Rural Police Station for the offences punishable under Sections 120B and 379 of IPC and also under Sections 21(1), 21(4) and 21(4A) of Mines and Minerals (Development and Regulation) Act, 1957 (for short ‘MMRD Act’).
2. I have heard the learned counsel appearing for petitioners and the learned High Court Government Pleader for respondent – State.
3. The gist of the complaint is that on 28.01.2019 at about 7.00 a.m., the Deputy Director of Mines and Geology, Chitradurga received a credible information that from Bheemasamudra towards Challakere and Bellary in the lorries iron ore was being transported illegally. On receipt of such information, he went to Mallappanahatti Cross at about 7.30 a.m., where he saw that two lorries bearing Regn. Nos.AP-02- TB-7722 and AP-02TE-1359 were carrying iron ore. When he stopped the said two lorries, it was found that they were not having any permit or license. The said lorries were seized and the drivers were apprehended and a case has been registered.
4. It is the submission of the learned counsel for petitioners that under the similar facts and circumstance, accused No.13 has already been released on bail. On the ground of parity, accused petitioners are also entitled to be released on bail. Further it is submitted that the alleged offences are not punishable with death or imprisonment for life. It is further submitted that there are no materials as against the accused petitioners. Further it is submitted that the provisions of Section 120B of IPC has been included only to show that the accused persons have conspired and have committed the alleged offences. It is further submitted that there were no materials produced to show that they were conspired and at what place they have conspired. It is further submitted that the complaint is also not filed by the Authorized Officer or Deputy Director of Mines and Geology, Chitradurga as contemplated under Section 22 of the Act. They are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, they prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused petitioners along with other accused have conspired and engaged in illegal transportation of iron ore and have committed the alleged offences. Further it is submitted that accused No.12 is working as a Head Constable and he will be having contacts. The charge sheet is not yet filed and as the accused petitioner is influential person, if he is released on bail, he may change the direction of the investigation. It is further submitted that if the accused petitioners are enlarged on bail, they may tamper with the prosecution evidence. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials, it disclose that the allegations are made under Sections 21(1), 21(4), 21(4A) of MMRD Act. In order to register the said case, a private complaint is required to be filed through the competent Authority as contemplated under Section 22 of the Act. The said procedure has not been followed. Even the contents of the complaint and other materials disclose that the accused petitioners have conspired with the other persons and they have helped others in commission of offence. That is the matter which can be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life. Accused No.13 has already been released on bail by this Court in Crl. P. No.1998/2019 by order dated 02.04.2019, under the similar facts and circumstance, on the ground of parity, the accused petitioners are also entitled to be released on bail.
8. In the light of discussions held by me above, Crl.P. Nos.2220/2019 and 2087/2019 are allowed and accused petitioners are ordered to be released on bail. Crl.P. No.2263/2019 is also allowed and the petitioner/accused No.3 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.33/2019 of Chitradurga Rural Police Station for the offences punishable under Sections 120B and 379 of IPC and also under Sections 21(1), 21(4) and 21(4A) of MMRD Act, 1957 subject to the following conditions:
1. Each of the petitioners/accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court/accused No.3 is directed to execute a bond to the satisfaction of the Investigating Officer.
2. They shall not tamper with the prosecution evidence either directly or indirectly.
3. They shall not indulge in similar type of criminal activities till the trial is concluded.
4. They shall not leave the jurisdiction of the Court without prior permission.
5. Petitioner/Accused No.3 is directed to surrender before the Investigating Officer within 15 days from today and co-operate with the Investigation.
6. Accused No.3 shall mark his attendance once in a month i.e., 1st of every month before the jurisdictional police station, till the charge sheet is filed.
7. Respondent-police is at liberty to move for cancellation of bail, if there is any interference by petitioner/accused No.12 during the course of investigation.
Sd/- JUDGE VBS