Karnataka High Court
Shivanna M S vs State By Gorur Police on 24 November, 2017
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER 2017
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.6154/2017
Between:
Shivanna M S.,
S/o late Sannegowda,
Aged about 40 years,
R/o Maragodanahally Village,
Holenarasipura Taluk,
Hassan District - 573 201
... Petitioner
(By Sri. Girish B Baladare, Advocate)
And:
State by Gorur Police
Hassan District,
Represented by Public Prosecutor,
High Court Building,
Bangalore - 01
... Respondent
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 438
Cr.P.C. praying to enlarge the petitioner on bail in the
event of his arrest in Cr.No.90/2017 of Goruru P.S.,
Hassan District for the offence Punishable under
Sections 42, 3(1) of KMMCR and Sec.4(1), 4(1)A of
MMRD Act and Sec.379, 420 R/W 34 of IPC.
2
This Criminal Petition coming for orders on 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 his release on anticipatory bail in the event of his arrest for the offences punishable under Sections 42, 3(1) of the Karnataka Minor Mineral Concession Rules and Sec.4(1), 4(1)A of Mines and Minerals (Regulation and Development) Act and Sec.379, 420 R/W 34 of IPC in Cr.No.90/2017 by the respondent-police.
2. The case of the prosecution case as per the complaint averments is that, on 17.5.2017, the complainant visited the crusher, at that time petitioner and others were mining the crushed stone illegally in the land belongs to accused Nos.1 and 2 in their lorry bearing registration No.KA -41-1149 and JCB No KA 15 M 1684 and after seeing the police they fled away 3 from the spot. The allegation is that, they are mining without paying royalty to the Government. Therefore, they have committed the said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent - State.
4. It is the contention of the petitioner that he was not at all present at the spot nor he was involved in the mining activity. He is the owner of the vehicle and the said vehicle was used by accused Nos.1 and 2 without bringing to his knowledge that, it will be used for the said purpose. Hence, he contended that he is totally innocent and unconnected with the alleged offences. The material has been already seized along with the vehicle in the presence of panch witnesses from the present petitioner. Nothing further is to be seized. The offences are triable by the Magistrate 4 Court and they are not punishable with death or imprisonment for life. Therefore, the petitioners are entitled to be enlarged on anticipatory bail.
5. Accordingly, the petition is allowed. Respondent -Goruru Police are directed to release the petitioner on bail in the event of his arrest in Crime No.90 /2017 for the offences punishable under Section 42, 3(1) of the Karnataka Minor Mineral Concession Rules and Sec.4(1), 4(1)A of Mines and Minerals (Regulation and Development) Act and Sec.379, 420 R/W 34 of IPC, subject to following conditions:
1. Petitioner to execute a personal bond for Rs.50,000/- (Rupees Fifty Thousand Only) and to furnish solvent surety for the likesum to the satisfaction of the concerned court.
2. He shall not tamper the prosecution witnesses directly or indirectly.5
3. He shall make himself available before the Investigating Officer for interrogation whenever he is called for.
4. He has to appear before the concerned Court within thirty days from the date of this order and to execute the personal bond and surety bond.
Sd/-
JUDGE psg*