Mr H Sridhara vs The State on 6 January, 2022

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Karnataka High Court

Mr H Sridhara vs The State on 6 January, 2022

Bench: H.P. Sandesh

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 6TH DAY OF JANUARY, 2022

                           BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

            CRIMINAL PETITION NO.9810/2021

BETWEEN:

MR. H.SRIDHARA
S/O LATE HONNEGOWDA
AGED ABOUT 45 YEARS,
R/AT T.M.HOSURU VILLAGE,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT-571807                         ... PETITIONER

           (BY SRI KESHAVA MURTHY B., ADVOCATE )
AND:

THE STATE
REP. BY GEOLOGIST DEPARTMENT
OF MINES AND GEOLOGY, MANDYA ,
MANDYA DISTRICT 571124.
REP. BY ITS SPP,
HIGH COURT OF KARNATAKA,
BENGALURURU-560001.                        ... RESPONDENT

                (BY SRI VINAYAKA V.S., HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ALLOW THIS PETITION AND
PETITIONER MAY BE GRANTED ANTICIPATORY BAIL IN
C.C.NO.1234/2021 ON THE FILE OF THE ADDL. CIVIL JUDGE
AND JMFC, SRIRANGAPATNA, FILED BY THE RESPONDENT
GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, FOR THE
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OFFENCES PUNISHABLE UNDER SECTIONS 4(1), 4(1)A, 21(1),
21(6), 22 OF MMRD ACT AND SECTIONS 42(1), 3(1), 44 OF
KMMCR RULES AND SECTION 3C(1)(2) OF KARNATAKA
REGULATION OF STONE CRUSHER ACT.

    THIS CRIMINAL PETITION COMING ON FOR ORDERS
'THROUGH VIDEO CONFERENCE' THIS DAY, THE COURT
MADE THE FOLLOWING:

                             ORDER

This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner/accused on bail, in the event of his arrest in respect of C.C.No.1234/2021 on the file of Additional Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 4(1), 4(1)(A), 21(1), 21(6) and 22 of MMDR Act, 1957, Section 3(1), 42(1) and 44 of KMMCR Rules and Section 3C(1) and 2 of Karnataka Regulation of Stone Crushers Act, 2011.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

3. The factual matrix of the case is that the Authorities of Mines and Geology, Revenue Officials, Police Officers have 3 jointly inspected the Crusher Unit situated in the land bearing Sy.No.No.21/p4 situated at Kalenahalli Village, Srirangapatna Taluk on 23.01.2021. They found that the petitioner is doing illegal mining activities and he has no valid license to run the crusher unit. Accordingly, the authorities found 2000 metric tones of building stone at the spot. It is also an allegation that, separate complaint is filed and notice was issued against this petitioner calling upon him to explain within three days. Inspite of the same, he did not appear and he continued the illegal mining activities. Hence, the authorities have invoked the offence punishable under Sections 3C(1) and 3C(2) of Karnataka Regular of Stone Crusher Act, 2011 and provisions of MMDR Act.

4. The learned counsel appearing for the petitioner would submit that 2100 metric tones of material found at the crusher does not belong to this petitioner and the land also not belongs to him. He would further submit that he is not running any said crusher unit and not committed any offence and he is innocent. Hence, the petitioner may be enlarged on bail and he 4 is ready to obey the conditions that may be imposed by this Court.

5. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that the quantity of material found in the crusher is 2100 metric tone and the petitioner has not responded to the notice issued by the authorities. Though inspection was conducted on 23.01.2021, subsequently, complaint was also filed, but, the petitioner not responded to the same.

6. Having heard the respective counsel, it is the case of the prosecution that the petitioner is running the crusher unit without license and notice was also issued. The material on record discloses that private complaint is filed and thereafter, learned Magistrate has taken the cognizance for the offences punishable under MMDR Act. It is contended that the worth of the 2100 metric tones of building store is Rs.31,50,000/- and the offences are compoundable in nature. When such being the facts and circumstances of the case, it is appropriate to invoke the powers under Section 438 of Cr.P.C. in favour of the 5 petitioner, subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER The petition is allowed. Consequently, the petitioner shall be released on bail, in the event of his arrest in connection with C.C.No.1234/2021 on the file of Additional Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 4(1), 4(1)(A), 21(1), 21(6) and 22 of MMDR Act, 1957, Section 3(1), 42(1) and 44 of KMMCR Rules and Section 3C(1) and 2 of Karnataka Regulation of Stone Crushers Act, 2011, subject to the following conditions:-

(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.

(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.


     (iii)   The   petitioner   shall    appear     before   the
             concerned    Court       without     seeking    any
             exemption.




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