IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.3227 OF 2017 BETWEEN:
1. 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.
2. Sukeeth, Aged about 24 years, S/o. Krishnappa Poojary, R/at. Kantharabettu House, Arambody Village, Belthangady Taluk, D.K. District -574198. …Petitioners (By Sri. Nishit Kumar Shetty, Advocate) AND:
State of Karnataka by S.H.O. Venoor Police Station, Represented by State Public Prosecutor, High Court Building, Bangalore -560 001. …Respondent (By Sri. Chetan Desai, HCGP ) This Criminal 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. 80/2016 of Venoor Police Station, D.K. District, for the offence P/U/ Rule 36, 42, 44, 3 of Karnataka Minor Mineral Concession Rules and section 21(4), 21(4A), 4, 4(1A) of Mines and Minerals Regulation of Development Act and section 379 of IPC.
This petition coming on for Orders this day, the Court made the following:-
ORDER The petitioners are arrayed as accused Nos.3 and 5 in the charge sheet submitted by the respondent-police to the jurisdictional court in respect of the offences punishable under Section 36, 42, 44, 3 of the Karnataka Minor Mineral Concession Rules 1994, Sections 21(4), 21(4A), 4, 4(1A) of The Mines and Mineral (Development and Regulation) Act, 1957 and Section 379 of IPC.
2. The allegation is, accused illegally indulged in mining of sand and stored the same in the land of accused No.1. So far as these petitioners are concerned, learned counsel submits that Investigating Officer did not array the petitioners in the FIR and did not call them for interrogation, but abruptly has filed the charge sheet against them, though there is no incriminating evidence against them. If anticipatory bail is granted for a limited period, the petitioners shall surrender before the concerned court and participate in the proceedings.
4. The learned HCGP opposing the same, submits that more cases have been registered against these petitioners on identical allegations.
5. Having regard to the facts and circumstances, there is no impediment to allow the petition.
6. Petitioners are granted anticipatory bail for a period of three weeks in Crime No.80/2016 registered by the Respondent-Police. Within the above period they shall surrender before the concerned Court and move for regular bail. Till disposal of regular bail petition, this order shall be in force. In the event of their arrest, in respect of the above case by the Respondent-Police within the above period, they shall be released on bail on executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with one surety for the like sum to the satisfaction of the Investigating Officer.
Sd/- JUDGE UN