Karnataka High Court
Sri Bharath Kemparaju vs Mines And Geology Department on 5 July, 2021
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.1689 OF 2021
BETWEEN
SRI BHARATH KEMPARAJU
S/O. SRI K.M. KEMPARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT MARAVANJI ROAD,
KADUR TALUK, KADUR POST,
CHIKKAMANGALURU DISTRICT - 577 548.
... PETITIONER
(BY SRI T. SESHAGIRI RAO, ADVOCATE)
AND
1. MINES AND GEOLOGY DEPARTMENT
KADUR TALUK, KADUR POST,
CHIKKAMAGALURU - 577 548,
REPRESENTED BY ITS SENIOR GEOLOGIST,
KADUR TALUK,
CHIKKAMAGALURU.
2. STATE BY KADUR TOWN POLICE STATION
KADUR TALUK, MARKET ROAD,
CHIKKAMAGALURU,
REPRESENTED BY S.P.P.,
HIGH COURT BUILDING,
HIGH COURT,
BENGALURU - 560 001.
... RESPONDENTS
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO GRANT
2
AN ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE
RESPONDENT POLICE OR ANY OTHER AGENCY IN
C.C.NO.619/2020 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
AND JMFC., KADUR RESPONDENT FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 4(1), 4(1-A), 21(1) AND 21(6)
OF MMDR ACT AND RULES 42 AND 44 OF THE KARNATAKA
MINOR MINERAL CONCESSION RULES.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused under Section 438 of Cr.P.C., for granting anticipatory bail in crime No.619/2020 (PCR No.115/2018) registered by Kadur Police Station for the offences punishable under Sections 4(1), 4(1A), 21(1) and 21(6) of Mines and Minerals (Development and Regulation) Act, 1957 (for short 'MMDR Act') and Rule 42 and 44 of the Karnataka Minor Mineral Concession Rules, 1994.
2. The case of the prosecution is that the Senior Geologist of Mines and Geology Department lodged a complaint under Section 200 of Cr.P.C., alleging that on 22.05.2018, they got credible information that in Sy.No.118 of Malleshwara Village, Kadur taluk being a 3 Government land, someone is quarrying illegally. The officials of the Mines and Geology Department visited the spot along with respondent No.2-Police between 1.30 p.m. and 2.30 p.m., where they found that quarrying has taken place illegally in an area of 0.20 guntas in the middle of Sy.No.118 by using explosives. They also found 100 metric tonnes building stones on spot and already about 5000 metric tonnes building stones were extracted and transported without any license. The petitioner was extracting the stones at about 230 meters away from the land of his brother and at about 440 meters away from the land of his father. Further, in respect of issuance of notice to pay Rs.3.00 lakh, he has paid the amount and the same has been now raised to Rs.15.00 lakh (3,00,000 X 5 times) with another 1.00 lakh as penalty. Hence, complaint came to be filed. The documents reveal that his father and brother have a license for doing quarry in Sy.No.118 of Malleshwara Village, Kadur taluk, Chikkamagaluru District. The complaint came to be filed on 11.07.2018 after issuance of notice. Petitioner is not a license holder. The 4 alleged offences are though bailable but it is punishable with imprisonment for life. Learned counsel for the petitioner submits that the petitioner was taking care of the quarry run by his father and brother and he is not doing any quarry work, except the land where the license has been issued. Looking to the facts and circumstances of the case, by imposing some stringent conditions, if the anticipatory bail is granted to the petitioner, no prejudice would be caused to the case of the prosecution. Hence, the following ORDER Criminal petition is allowed.
The respondent - Kadur Police are directed to release the petitioner/accused on bail in the event of his arrest for the offences punishable under Sections 4(1), 4(1A), 21(1) and 21(6) of the MMDR Act and Rule 42 and 44 of the Karnataka Minor Mineral Concession Rules, 1994 subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh 5 only) with two sureties for the likesum to the satisfaction of the Investigating Officer;
(ii) Petitioner shall surrender within 15 days from the date of receipt of the certified copy of the order;
(iii) Petitioner shall not indulge in similar offences strictly;
(iv) Petitioner shall not tamper with the prosecution witnesses directly/indirectly;
(v) Petitioner shall appear before the Investigating Officer as and when called for the purpose of investigation.
Sd/-
JUDGE GBB