Karnataka High Court
V Mariswamy S/O. V. Sannappa vs The State Of Karnataka on 29 December, 2022
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
(Sitting at Principal Bench, Bengaluru)
DATED THIS THE 29TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE ANIL B KATTI
CRIMINAL PETITION No.104287/2022
BETWEEN:
V MARISWAMY
S/O V SANNAPPA
AGE: 54 YEARS
R/O LAKSHMI VENKATESHWARA NILAYA
PLOT NO.74, WARD NO.29/30
RAMANJINEYA NAGAR
JOURNALIST COLONY
BELLARI-583112
...PETITIONER
(BY SRI J. BASAVARAJ, ADVOCATE-VC)
AND:
THE STATE OF KARNATAKA
GEOLOGIST,
MINES AND GEOLOGY DEPARTMENT
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENCH AT DHARWAD-580 011
... RESPONDENT
(BY SRI RAMESH CHIGARI, HCGP-VC)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C. SEEKING TO ALLOW THIS PETITION,
GRANT ANTICIPATORY BAIL DIRECTING THE TRIAL COURT
TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN
THE EVENT OF HIS ARREST IN CC NO.527/2022
(P.C.NO.15/2022) ON THE FILE OF III ADDITIONAL CIVIL
JUDGE AND JMFC COURT, BELLARI REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 43, 43A ND 44
OF KMMCR, 1994 AND AMENDED RULE 2017 AND UNDER
SECTION 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused No.1 is seeking anticipatory bail in connection with private complaint in PCR No.15/2022 on the file of III Additional Civil Judge and JMFC, Bellari for the offences punishable under Sections 43, 43A and 44 of KMMCR, 1994 and Amended Rule 2017 and Section 379 of IPC (now CC No.527/2022).
2. The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that Karthik. S., Senior Geologist of Mines and Geology 3 Department, with staff, on 26.08.2022, at 2.00 p.m., visited land bearing Survey No.93 of Janekunte Village and found illegal mining of gravel/murram. On seeing the officials, the drivers of the vehicles named in the complaint who were engaged in illegal mining of gravel/murram fled away from the place. The lorry bearing No.TS 34/T 7889 and Tata Hitachi namely, EX 110 loaded with gravel/murram came to be seized under the panchanama.
3. On these allegations, private complaint under PCR No.15/2022 came to be filed by the complainant on the file of III Additional Civil Judge and JMFC, Bellari. The Court, on being prima facie satisfied about the complaint allegations, took cognizance of the offences and ordered to register criminal case against the petitioner and two others in CC No.527/2022. Now, the trial court has issued NBW against the petitioner and as such, the petitioner has 4 reasonable apprehension of being arrested in this case.
4. In response to the notice, learned HCGP has appeared for respondent and has orally objected for grant of anticipatory bail contending that petitioner is the main person who is involved in illegal mining of gravel/murram and the vehicles used for the said mining have been seized in this case. There is sufficient prima facie material evidence against the petitioner.
5. Heard the arguments of both sides.
6. The complaint allegations would go to show that on 26.08.2022, at 2.00 p.m., when the complainant and his staff visited the land bearing Survey No.93 of Janekunte village, it was found that illegal mining of gravel/murram. The vehicles involved in illegal mining of gravel/murram came to be seized which 5 were loaded in the vehicles and the value of it was worth Rs.4,32,000/-. Accused Nos.2 and 3 named in the FIR were granted anticipatory bail by the order of this Court in Crl.P.No.102949/2022 dated 21.10.2022 is not in serious dispute by the prosecution.
7. The involvement of petitioner on the allegation of illegal mining is based on being owner of land bearing Survey No.93 of Janekunte Village. The documents produced by the petitioner along with the petition would go to show that the said land was originally belonging to Smt.Lambadi Eraki Bai, who has executed sale agreement in favour of petitioner, which was the subject matter under O.S.No.657/2008 on the file of II Additional Civil Judge (Jr.Dn.), Bellari. The said suit came to be decreed and the sale deed was got executed through the process of law and petitioner was put in possession of the said property. On the death of Smt.Lambadi Eraki Bai, her legal heirs 6 filed application before the Assistant Commissioner, Bellari, who passed an order dated 06.01.2022 and restored the title in favour of legal heirs of Smt. Lambadi Eraki Bai. Therefore, as on the date of raid by complainant on 26.08.2022, petitioner was not the owner of the land bearing Survey No.93 of Janekunte Village. There is no material evidence at this stage that the order of the said Assistant Commissioner has been set aside in any further proceedings. Whether the petitioner still continue to be in possession of the said land and allowed illegal mining of gravel/murram as against the order passed by the Assistant Commissioner, Bellari, is a matter of trial. The order sheet produced by the petitioner would go to show that warrant is issued against accused No.1, who is petitioner in the present petition. Therefore, the petitioner has reasonable apprehension of being arrested in this case. The apprehension of the 7 prosecution can be safeguarded by imposing appropriate conditions. Consequently, I proceed to pass the following:
Order The criminal petition is hereby allowed with the following conditions;
i) The petitioner is ordered to be released on bail in the event of his arrest in PCR No.15/2022 CC No.527/2022 (P.C.NO.15/2022) on the file of III Additional Civil Judge And JMFC Court, Bellari, on executing personal bond and surety bond for a sum of Rs.50,000/- with one surety for likesum amount.
ii) The petitioner shall not tamper with the prosecution witnesses in any manner.
iii) The petitioner shall co-operate with the Investigating Officer for the purpose of investigation.
iv) The petitioner shall not leave the jurisdiction without prior permission. 8
v) The petitioner shall give his attendance before the Investigating Officer on every 15th and last day of the month till further orders or the charge sheet is filed, whichever is earlier.
(Sd/-) JUDGE mv