IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8897 OF 2017 Between:
Sajjad, S/o T. Haidar, Aged about 45 years, R/at: Door No.2-197, Thumbay Village, Bantwal Taluk, D.K. District – 57222 (By Sri. Lethif B, Advocate) And:
State of Karnataka, Rep. Bantwal Rural Police Station, Bantwal, D.K. District.
... Petitioner ... Respondent (By Sri. Chetan Desai, HCGP) This petition 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.272/2017 of Bantwala Rural Police Station, Dakshina Kannada District for the offence punishable under Sections 3, 36, 42 of Karnataka Minor and Mineral Concession Rules and Sections 4(1), 4(1A), 21(4) of Mines and Minerals Regulation Development Act and Section 379 of IPC.
This petition coming on for Orders, this day, the court made the following:
ORDER This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 3, 36 and 42 of Karnataka Minor and Mineral Concession Rules and Sections 4(1), 4(1A) and 21(4) of Mines and Minerals Regulation Development Act and Section 379 of IPC, registered in respondent police station in Crime No.272/2017.
2. Brief facts of the prosecution case as per the complaint averments are that sand was transported illegally without having any license and without paying any royalty to the Government. The vehicle was intercepted and loaded sand along with the vehicle was seized under mahazar.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3, so also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the records of the case.
Looking to the prosecution material, at the first instance, name of the present petitioner is not found either in the complaint or FIR. But, subsequently, as per the police requisition, the name of the first petitioner was found in the case alleging that at his instance and say even accused No.2 transported the sand. Learned counsel for the petitioner/ accused No.3 drew the attention of this Court to the two documents which goes to show that accused No.3 was having a license for transportation of the sand.
5. I have perused document dated 22.09.2017 issued by the Port Authorities, so also the other document dated 23.09.2017 issued by the Deputy Director, Mines and Geology, Mangaluru addressed to the Police Inspector, Bantwala Rural Police Station.
6. Looking to these two documents, it is clear that the petitioner/accused No.3 was having a license for transportation of sand, even mentioning the date of transportation as 30.08.2017. However, learned High Court Government Pleader made submission that the quantity has exceeded the quantity for which the license was granted. The same has been denied by the petitioner herein. Therefore, it is a matter for trial. Petitioner/accused No.3 contended that he is innocent and not involved in committing such offences and he is ready to abide by any conditions to be imposed by this Court. The offences are triable by the Magistrate Court and they are not exclusively punishable with death or life imprisonment.
7. Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioner/accused No.3 on bail, in the event of his arrest for the alleged offence punishable under Sections 3, 36 and 42 of Karnataka Minor and Mineral Concession Rules and Sections 4(1), 4(1A) and 21(4) of Mines and Minerals Regulation Development Act and Section 379 of IPC, registered in respondent police station in Crime No.272/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with the further investigation.
iv. The petitioner shall appear before the concerned Court within 30 days from the date of this order and execute a personal bond and surety bond.
Mds Sd/- JUDGE