Karnataka High Court
K. Raghu Kiran vs The State Of Karnataka on 21 October, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102949 OF 2022
BETWEEN:
1. K. RAGHU KIRAN
S/O. KATTA YUGANDHAR,
AGE.37 YEARS,
OCC. OWNER OF TIPPER LORRY,
BEARING NO.KA-34/T-7889,
R/O. KOLHAPUR MAHALAKSHMI ROAD,
VIDYANAGAR, 7TH CROSS,
BALLARI -583112.
2. SREE HARSHA SOMPALLI
S/O. KONDAIAH SOMPALLI,
AGE.37 YEARS,
PURCHASER OF TATA HITACHI
EX 110 SUPER,
HYDRALIC EXCAVATOR MACHINE,
SL.NO.S110-105562,
R/O. DOOR NO.25,
NANDI COLONY,
BEHIND NANDI SCHOOL,
BALLARI - 583112.
...PETITIONERS
(BY SRI. J. BASAVARAJ, ADVOCATE)
AND:
THE STATE OF KARNATAKA
GEOLOGIST, MINES AND
GEOLOGY DEPARTMENT,
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CRL.P No. 102949 of 2022
REPRESENTED BY,
ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD-580011.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO ALLOW THIS PETITION, GRANT ANTICIPATORY
BAIL DIRECTING THE TRIAL COURT TO RELEASE THE
PETITIONER NO.S 1 AND 2/ACCUSED NO.S 2 AND 3 ON BAIL
IN THE EVENT OF THEIR ARREST IN P.C. NO.15/2022 (C.C.
NO.527/2022) REGISTERED FOR THE OFFENCES PUNISHABLE
U/S 43, 43(A) AND 44 OF KMMCR 1994 AND AMENDED RULE
2017 AND U/S 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS TH IS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by accused Nos.2 and 3
under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in -3- CRL.P No. 102949 of 2022 respect of C.C. No.527/2022 (P.C. No.15/2022) registered for the offences punishable under Sections 43, 43(A) and 44 of Karnataka Minor Minerals Concession Rules, 1994 and Amendment Rules 2017 (hereinafter referred to as the 'KMMC Rules', for brevity) and Section 379 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity), pending on the file of III Additional Civil Judge and JMFC Court, Ballari.
2. The case of the prosecution is that, one Sri. Karthik S., Geo Scientist, Ballari has filed the complaint stating that on 26.08.2022 he, Sri. Chandrashekar T., Scientist, Sri. Shivapur, Village Accountant and Sri. Pomapathi, Village Assistant at about 2.00 p.m., visited the land bearing Sy.No.93 of Janekunte village, noticed that accused were engaged in illegal mining of gravel/murram. On seeing them, the drivers of Hitachi and Tipper -4- CRL.P No. 102949 of 2022 vehicle ran away from the spot by leaving Tipper Lorry bearing registration No.TS-34/T-7889 and TATA Hitachi namely Ex.110. Thereafter, the complainant seized the said vehicles and drawn the mahazar at the spot. It is stated that the said persons undertook the mining activity without having any valid license and caused loss of revenue to the tune of Rs.4,32,000/- to the State and as per the Schedule the compounding amount would be Rs.36,72,000/-. The private complaint came to be filed before the III Additional Civil Judge and JMFC, Ballari against the owner of land and the owners of two vehicles in P.C. No.15/2022. Learned Magistrate took cognizance against accused Nos.1 to 3 for the offences punishable under Sections 43, 43(A) and 44 of KMMC Rules and Section 379 of IPC and ordered to register the criminal case. C.C. No.527/2022 is registered against accused Nos.1 to 3. The petitioners who -5- CRL.P No. 102949 of 2022 are arrayed as accused Nos.2 and 3 are apprehending their arrest have filed Criminal Miscellaneous No.788/2022 seeking anticipatory bail and the same came to be rejected by the Principal District and Sessions Judge, Ballari by order dated 03.10.2022. Therefore, the petitioners/accused Nos.2 and 3 are before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent-State.
4. The learned counsel for the petitioner would contend that there is no involvement of these petitioners in extracting the mining of gravel/murram. The said gravel/murram is alleged to have been extracted from the land belonging to -6- CRL.P No. 102949 of 2022 accused No.1. It is his further submission that Tipper lorry of petitioner No.1/accused No.2 and Hitachi vehicle of petitioner No.2/accused No.3 have been hired for the purpose of digging Krishi Honda. These petitioners are no way concerned as to whether their vehicles have been used for extracting gravel/murram. The alleged offences are not punishable with death or imprisonment for life. One of the offence alleged against these petitioners is punishable under Section 379 of IPC, is non bailable. The petitioners apprehending their arrest, as the said two vehicle are seized and private complaint is filed, are not required for any investigation. The petitioners are ready to abide by any terms and conditions imposed by this Court. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the total -7- CRL.P No. 102949 of 2022 gravel/murram extracted from the land of accused No.1 is 10,800 matric tons and out of it 6 matric tons has been stored in the Tipper lorry. The said mineral has been extracted from the land of accused No.1. The vehicles belonging to these petitioners have been used for extracting and transporting the said mineral. It is his further submission that accused have caused loss of royalty of Rs.4,32,000/-. The said Tipper lorry and TATA Hitachi vehicles belongs to these petitioners have been seized. There is a prima facie case against these petitioners for the offences alleged against them. If the petitioners/accused Nos.2 and 3 have been granted bail, they will threaten the complainant, other prosecution witnesses and flee from justice. With this, he prayed to reject the petition. -8- CRL.P No. 102949 of 2022
6. Having regard to the submission made by the learned counsel for the petitioners and the learned High Court Government Pleader, this Court has gone through the averments of the private complaint, Mahazar, the other documents and the order passed by the Sessions Court.
7. As per the averments of the complaint, the accusation is that in the land belonging to accused No.1 there is a extraction of gravel/murram to the tune of 10,800 matric tons and 6 matric tons has been loaded in the Tipper lorry with the help of Hitachi vehicle and the said vehicles are belongs to these petitioners. The offences alleged against these petitioners are not punishable with death or imprisonment for life. The petitioners are ready to abide by any terms and conditions to be imposed by this Court. As the said vehicles have been seized, the petitioners are -9- CRL.P No. 102949 of 2022 not required for custodial interrogation. The main objection of the prosecution is that if the petitioners/accused Nos.2 to 3 are granted anticipatory bail, they will threaten the complainant and other prosecution witnesses, can be met with by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 438 of Cr.P.C.
is allowed. Consequently, the petitioners/accused Nos.2 and 3 are ordered to be released on bail in the event of their arrest in C.C. No.527/2022
- 10 -CRL.P No. 102949 of 2022
(P.C.R. No.15/2022) pending on the file of III Additional Civil Judge and JMFC, Ballari, subject to the following conditions:
i. The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety for the likesum to the satisfaction of the Jurisdictional Court.
ii. The petitioners shall voluntarily appear before the jurisdictional Court within fifteen days from this day and execute bail bond and furnish surety.
iii. The petitioners shall not indulge in tampering the prosecution witnesses.
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CRL.P No. 102949 of 2022 iv. The petitioners shall attend the Court on all the dates of hearing, unless exempted, and co-operate in speedy disposal of the case.
Sd/-
JUDGE SMM