IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6238/2017 Between:
Yogesh U.T., S/o Thammannagowda, Aged about 50 years, R/o Uduvare Village, Hassan Hobli, Hassan Taluk & District- 573 201. (By Sri.N.R.Ravikumar, Advocate) …Petitioner And:
State by Gorur police, Hassan Taluk.
Represented by State Public Prosecutor High Court of Karnataka, Bengaluru-560 001 …Respondent (By Sri. S.Vishwamurthy, HCGP) This criminal 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.88/2017 of Goruru Police Station, Hassan which is registered for the offence p/u/s 379 and 420 of IPC and Sections 4(1), 4(1A) of M.M.R.D. Act and Rule 42 and 3(1) of K.M.M.C. Rule.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends his arrest by the respondent-police in their crime No.88/2017 registered in respect of offences punishable under sections 42 and 3(1) of Karnataka Minor Mineral Consistent Rule, 1994, Sections 4(1), 4(1A) of Mines and Minerals Regulation of Development Act, 1957 and Sections 379 and 420 of IPC, 1860.
3. The allegation is, petitioner - who runs the stone crusher unit was called upon to give explanation about the jelly stored in the premises of his unit, but he has not given explanation to the show cause notice. When the place was raided by the senior geologists of Mines and Geology Department on 17.05.2017, jelly and stone soling to an extent of 1181 M.T. of mines was found in the premises, probably mined illegally from the nearby forest.
4. Sri. N.R. Ravikumar, learned counsel for the petitioner submits that he has stopped the unit in the year 2015 itself and shifted to Bengaluru. He has not received any notice from the Mines and Geology Department. In fact, the jelly which is found in the premises of the said unit has already suffered penalty in the year 2014 and he has paid royalty and penalty to the concerned department.
5. In the light of the above, the petition is allowed.
Petitioner is granted anticipatory bail in Crime No.88/2017 registered by the respondent-Police, subject to the following conditions:
(i) He shall forthwith appear before the Senior Geologist and submit his explanation to the show cause notice;
(ii) He shall also appear before the respondent - Investigating Officer forthwith;
(iii) In the event of his arrest within the above period by the respondent-Police, he shall be released on bail on his executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum. He shall also produce endorsement for replying to the show cause notice issued by the complainant/senior geologist.
Sd/-
JUDGE VBS