Karnataka High Court
Sri. K D Prakasha vs The State on 28 October, 2021
Author: K.Natarajan
Bench: K. Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRL.P. NO.6564 OF 2021
BETWEEN:
1. SRI. K. D. PRAKASHA
S/O DORESWAMY
AGED ABOUT 29 YEARS
LABOURER
R/O VENKATESHWARA NAGARA
KADUR TOWN, KADUR TALUK
CHIKKAMAGALUR DISTRICT - 577 548
2. SRI. K. D. RAGHU
S/O DORESWAMY
AGED ABOUT 28 YEARS
LABOURER
R/O VENKATESHWARA NAGARA
KADUR TOWN, KADUR TALUK
CHIKKAMAGALURU DISTRICT - 577 548
... PETITIONERS
(BY SRI.DILRAJ ROHIT SEQUEIRA, ADV.)
AND:
1. THE STATE
BY THE UDUPI TOWN POLICE STATION
REP. BY THE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
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2. DAYANANDA M.S.
S/O SHIVARAMEGOWDA A.J.
AGED ABOUT 40 YEARS
REP. STATE MINES AND GEOLOGY
DEPARTMENT, MARULASIDDHA COMPLEX
AIT CIRCLE, JYOTHINAGAR
CHIKKAMAGALORE - 577 102
... RESPONDENTS
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF THEIR
ARREST IN PCR.NO.43/2021, WHICH CAME TO
REGISTERED AS C.C.NO.1098/2021 PENDING ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC,
KADUR FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 4(1), 4(1A), 21 OF MMDR ACT AND RULES
3(1), 36(3), 43, 44 OF KMMCR.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS ON THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Learned HCGP accepts notice for respondent No.2.
2. This petition is filed by petitioners under Section 438 of Cr.P.C. for granting anticipatory bail in the event of their arrest in PCR No.43/2021, which 3 came to be registered a C.C.No.1098/2021, pending on the file of the Principal Civil Judge and JMFC, Kadur, registered for the offences punishable under Sections 4 (1), 4 (1A) and 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 3 (1), 36 (3), 43 and 44 of the Karnataka Minor Mineral Concession Rules, 1994.
3. Heard learned counsel for the petitioners and the learned High Court Government Pleader for respondents.
4. The case of the prosecution is that on a private complaint filed by the State represented by one Dayananda M.S., working in State Mines and Geology Department in PCR No.43/2021 alleging that the Member Secretary, District Task Force Committee got credible information that building stone mining has been illegally done in gomala land bearing Sy.No.39 of Chowdlapura Village, Kadur Taluk. The Authorized 4 officials of Mining and Geology Department secured panchas and along with complainant and panchas went to the spot on 08.01.2021 at about 4.00 p.m. and they found illegal mining of stones, there was marks of blasting of stones by using explosives, extraction of 150 metric tonne building stones and also transported the same without any permit or license and also without paying any royalty. The mahazar was drawn in the presence of panchas. Thereafter, a private complaint was filed under Section 200 of Cr.P.C. in PCR No.41/2021 before the Principal Civil Judge and JMFC Court, Kadur against the accused persons and case was registered in C.C.No.1098/2021. The petitioners/accused Nos.1 and 2 approached the Sessions Court for grant of anticipatory bail, which came to be dismissed. Hence, the petitioners-accused Nos.1 and 2 are before this Court.
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5. Learned counsel for the petitioners argued that petitioners are innocent of the alleged offences. The petitioners are ready to abide by the conditions that may be imposed by this Court and ready to offer the sureties. The alleged offences are not punishable with death or imprisonment for life. The petitioners are ready to appear before the Investigating Officer and therefore, he request for grant of anticipatory bail.
6. Per contra, learned High Court Government Pleader seriously objected the bail petition and contended that the petitioners are required for custodial interrogation and required to appear before the Investigating Officer. Investigation is still under progress, yet to collect the materials and record the statement of the witnesses. Hence, he prayed for rejecting the bail application.
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7. Upon considering documents and the arguments from both side and on perusal of the same, it is the contention of the learned counsel for the petitioner that some persons were extracting stones illegally from the land and thereby, a private complaint came to be filed by concerned officer under MMDR Act and the petitioners are not related to the above offence. However, in view of the facts and circumstances of the case, the alleged offence is not punishable with death or imprisonment for life. The petitioners are the permanent resident of the address mentioned in the cause title. Therefore, without expressing any opinion on the merits of the case and by imposing stringent conditions, if petitioners are granted anticipatory bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:
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ORDER The criminal petition is allowed. The respondent No.1 - Police is directed to release petitioners on bail in the event of their arrest in PCR No.43/2021 which came to be registered a C.C.No.1098/2021 for the offences punishable under Sections 4 (1), 4 (1A) and 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Rules 3 (1), 36 (3), 43 and 44 of the Karnataka Minor Mineral Concession Rules, 1994 subject to the following conditions:-
i) The petitioners shall execute personal bond in a sum of Rs.25,000/- each (Rupees Twenty Five Thousand only) with a surety for likesum to the satisfaction of the Investigating Officer;
ii) He shall surrender before the Investigating Officer within 15 days from the date of receipt of certified copy of this order;8
iii) He shall be deemed to be in custody for the purpose of recovery under Section 27 of the Indian Evidence Act;
iv) He shall not indulge in similar offences;
v) He shall not directly or indirectly tamper with any of the prosecution witnesses; and
vi) He shall appear before the Investigating Officer once in a week between 10.00 a.m. and 4.00 pm till the filing of the charge sheet which ever is earlier.
Sd/-
JUDGE MH/-