J Thipperudrappa S/O. Late Sanna ... vs The State Of Karnataka on 3 June, 2022

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Karnataka High Court

J Thipperudrappa S/O. Late Sanna ... vs The State Of Karnataka on 3 June, 2022

Bench: K. Natarajan

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

          DATED THIS THE 3RD DAY OF JUNE 2022

                               BEFORE

          THE HON'BLE MR.JUSTICE K. NATARAJAN

           CRIMINAL PETITION NO.101484/2022

BETWEEN


J THIPPERUDRAPPA S/O. LATE SANNA BASAVANA GOUDA
AGE. 65 YEARS, OCC. AGRICULTURIST,
R/O. HOUSE NO.118C, CHETANA NILAYA,
RAGHAVENDRA COLONY,
1ST STAGE, BALLARI-583101.
                                                   .....PETITIONER
(BY SRI V M SHEELVANT, ADV.)

AND

THE STATE OF KARNATAKA
R/BY GEOLOGIST,
MINES AND GEOLOGY DEPARTMENT, BALLARI
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD-580011.

                                                   .....RESPONDENT
(BY SMT GIRIJA S. HIREMATH, HCGP)

       THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C., SEEKING
TO ALLOW THE PETITION AND DIRECT RELEASE OF THE
PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN
C.C.NO. 501/2020 PENDING ON THE FILE OF THE I ADDL. CIVIL JUDGE
AND JMFC BALLARI, REGISTERED FOR THE OFFENCE UNDER SECTION.
4(1), 4(1A) R/W SECTION 21 OF MMRD ACT R/W SECTION. 43, 43(A), 44
                                        2




OF KARNATAKA MINOR MINERAL CONCESSIONS RULES 1994, AND
SECTION 379 OF IPC.

     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:

                                 ORDER

This criminal petition is filed by the accused under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for short) for granting anticipatory bail in C.C.No.501/2020 registered and pending before the I Addl. Civil Judge and J.M.F.C, Ballari for the offence punishable under Sections 4(1), 4(1A) read with Section 21 of Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as 'MMRD Act', for short) and under Sections 43, 41(A) and 44 of Karnataka Minor Mineral Concessions Rules, 1994 (hereinafter referred to as 'KMMC Rules', for short).

2. Heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent.

3. The case of the prosecution is that the Mines and Geological Department, Ballari, filed a complaint under Section 200 3 of Code of Criminal Procedure, 1973 before the J.M.F.C., Ballari alleging that on 06.07.2020, they came to know through one reporter that this petitioner is extracting murram/gravel from his agricultural land in Sy.No.175/A3. Accordingly, the complainant along with other geologists and the officials of revenue department, visited the land on 13.07.2020 and verified the land and found that the petitioner said to have extracted 6,600 metric tones of gravel worth `5,28,000/-. Therefore, the geology department issued notice to the petitioner. For which, the petitioner gave reply and the complainant being not satisfied with the explanation of the petitioner, has filed the complaint. After registering the case, the learned Magistrate took cognizance of the offences and issued NBW. The petitioner approached the Sessions Court for bail which came to be dismissed. Hence, he is before this Court.

4. Having heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent, perused the records.

5. On perusal of the records reveals that admittedly, the petitioner is said to be the owner of the land in Sy.No.175A/3 4 measuring 9 acres 83 guntas. The complainant found that gurram/gravel of 6,600 metric tones worth `5,28,000/- were extracted from the said land. The information was given by some reporter. The notice is issued to the petitioner where he has replied that some contractors and officers of irrigation department came and approached the petitioner and obtained the permission of the petitioner for extracting some sand from his land for the purpose of repairing the water canal with an assurance that they will obtain permission from the concerned department. Believing their version and to help the public work, the petitioner allowed the Irrigation Department to extract the sand or gravel. The complainant dissatisfied with the explanation given by the petitioner, registered the case against him. On perusal of the reply of the complaint, it reveals that there is no document available that whether the Geology Department verified or enquired with the Irrigation Department in order to confirm the reply of the petitioner that he has given permission to Irrigation Department to extract the sand for the purpose of repairing the water canal in that area. Therefore, it is a matter of trial. Though the offence is non-bailable, not punishable with death or imprisonment of life. Hence, without 5 expressing any opinion on the merits of the case, I am of the view that if the petitioner is enlarged on bail by imposing stringent conditions, it will not prejudice the case of the prosecution. Accordingly, I pass the following order:

The criminal petition is allowed. The trial Court is directed to release the petitioner on bail in the event of his surrender before the Court in C.C. No.501/2020 pending on the file of I Addl. Civil Judge and J.M.F.C., Ballari, subject to the following conditions:

i. The petitioner shall execute a personal bond for a sum of `2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the trial Court.

ii. The petitioner shall surrender himself before the trial Court within fifteen days from the date of receipt of a copy of this order.

iii. The petitioner shall not tamper the prosecution witnesses directly or indirectly.

SD/-

JUDGE Naa

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