IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION No.2492 OF 2019 BETWEEN:
BOREGOWDA, S/O LATE SHANKAREGOWDA, AGED ABOUT 26 YEARS, R/O TANGALAGERE VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT – 571 446.
(BY SRI.R.KOTHWAL, ADV.) AND:
STATE BY NAGAMANGALA RURAL POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001.
(BY SRI.I.S.PRAMOD CHANDRA, SPP-II) ...PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.33/2019 OF NAGAMANGALA RURAL P.S., MANDYA DISTRICT FOR THE OFFENCE P/U/S RULE 3, 42, 44 OF KMMCR AND SEC.4(1A), 21(1-5) OF MMRD ACT AND SEC.379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is filed by the petitioner – accused No.2 under Section 439 of Cr.P.C., for grant of regular bail in Crime No.33/2019 registered by the Nagamangalal Rural Police Station for the offences punishable under Sections 3, 42 and 44 of the Karnataka Minor Mineral Consistent Rule, 1994, Sections 4(1A) and 21(1-5) of Mines and Minerals Development and Regulation Act, 1957 and Section 379 of IPC.
2. It is alleged by the complainant that on 15.03.2019 at 5.00 pm., the accused was illegally blasting the rocks by using explosives and transporting the borders stones in the crushing unit situated at Gollarahalli village without a valid license. After seeing the complainant two persons ran away from the spot and accused No.2 was said to be arrested. After registering the case, he has been produced and remanded to judicial custody.
3. Learned counsel for petitioner contended that the petitioner is only a coolie and one Smt.Sarojamma was a licence holder and the licence is still in existence. Inspite of furnishing the documents, the police have registered a false case against the petitioner. There is nothing to recover from the petitioner. The said offences are not punishable with death or imprisonment for life. Hence, he prays to allow the petition.
4. Per contra, learned SPP-II objected the bail petition.
5. No doubt, the police are said to be registered a case against the petitioner and others, however, a copy of the licence has been produced by the counsel for the petitioner which shows that Smt.Sarojamma was the licence holder. The matter is under investigation. The said offences are not punishable with death or imprisonment for life. The petitioner is in custody since 15.03.2019 and he is no more required for the investigation. Accordingly, petitioner is entitled for the relief as prayed for. Hence, I pass the following:
ORDER The Criminal Petition is allowed.
The petitioner-accused No.2 is ordered to be released on bail, in Crime No.33/2019 of Nagamangala Rural Police Station for the offences punishable under Sections 3, 42 and 44 of the Karnataka Minor Mineral Consistent Rule, 1994, Sections 4(1A) and 21(1-5) of Mines and Minerals Development and Regulation Act, 1957 and Section 379 of IPC subject to the following conditions:-
(i) Petitioner-accused No.2 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a surety for the likesum to the satisfaction of the trial Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall appear before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every 2nd day of the calendar month for a period of six months or till commencement of trial whichever is earlier.
Sd/-
JUDGE GH