IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.3230/2017 BETWEEN 1. SUKEETH AGED ABOUT 24 YEARS S/O KRISHNAPPA POOJARY R/AT KANTHARABETTU HOUSE ARAMBODY VILLAGE BELTHANGADY TALUK D.K. DISTRICT – 574 198.
2. V.M.JOSEPH AGED ABOUT 50 YEARS S/O V.C.MICHAEL R/AT VAMATHIYEL HOUSE ARAMBODY VILLAGE BELTHANGADY TALUK D.K. DISTRICT – 574 198.
(BY SRI.NISHIT KUMAR SHETTY, ADVOCATE) AND STATE OF KARNATAKA BY SHO VENOOR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR ... PETITIONERS HIGH COURT BUILDING BANGALORE – 560 001 (BY SRI.CHETAN DESAI, HCGP) ... RESPONDENT THIS PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.84/2016 OF VENOOR P.S., D.K., DISTRICT FOR THE OFFENCE P/U/S RULES 36, 42, 44, 3 OF KARNATAKA MINOR MINERAL CONSISTENT RULE, 1964 AND SEC.21(4), 21(4A), 4, 4(1A) OF MINES AND MINERALS REGULATION OF DEVELOPMENT ACT AND SEC.379 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent- State.
2. Learned counsel for the petitioners submits that the petition in respect of petitioner No.1 may be dismissed as withdrawn. Petitioner No.2 is charge sheeted along with the co-accused in respect of the offences punishable under Sections 36, 42, 44, 3 of Karnataka Minor Mineral Consistent Rule, 1994 and Sections 21(4), 21(4A), 4, 4(1A) of Mines and Minerals Regulation of Development Act, 1957 and Section 379 of IPC.
3. The allegation is that the accused Nos.1 to 5 illegally mined sand from the land of the 1st accused.
4. Learned counsel for the petitioners submits that the petitioner No.2 was not cited in the FIR. He was not called for investigation. All of a sudden, at the time of submitting the charge sheet, he is arrayed as accused No.2. If anticipatory bail is granted for a limited period, he will surrender before the concerned Court and participate in the proceedings.
5. Submission is placed on record.
6. Petition so far as petitioner-accused No.1 is dismissed as withdrawn. The petition in respect of petitioner No.2 (accused No.3) is allowed. He is granted anticipatory bail in Crime No.84/2016 registered by the respondent Police, for a period of three weeks. Within the above period, he shall surrender before the concerned Court and move for regular bail. Till disposal of petition, this order will be in force. If he surrenders within the above period, he shall be released on bail on executing self bond for a sum of `50,000/- with one surety for the like sum.
Sd/-
JUDGE BS