Karnataka High Court
Nanjunda vs The State Of Karnataka By on 20 October, 2016
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF OCTOBER, 2016
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6403 OF 2016
C/W
CRIMINAL PETITION NOS. 6404/2016, 6405/2016,
6409/2016, 6410/2016, 6411/2016 & 6413/2016
CRL.P.NO.6403/2016
BETWEEN:
1. NANJUNDA
S/O RACHAIAH
AGED ABOUT 45 YEARS
R/AT HALEHAMPAPURA VILLAGE
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT - 571 111.
2. MAHESHA
S/O. VEERABHADRAIAH
AGED ABOUT 30 YEARS
R/AT DASANAPURA VILLAGE
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT - 571 111.
...PETITIONERS
(BY SRI.VEERABHADRA SWAMY H.P., ADV.)
AND:
THE STATE OF KARNATAKA
BY KOLLEGAL TOWN POLICE STATION
CHAMARAJANAGAR DISTRICT
BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
2
(BY SRI B.VISWESWARAIAH, HCGP)
THIS CRIMINAL PETITION FILED U/S.438 CR.P.C
WITH A PRAYER TO ENLARGE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST IN CR.NO.186/2015
(C.C.NO.174/2016) OF KOLLEGALA TOWN P.S.,
CHAMRAJANAGARA DISTRICT FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 21 (4), 21 (4A) OF MMRD
ACT AND 42(1), 43(2), 31R(13) OF KMMCR ACT R/W
SECTION 379 OF IPC.
CRL.P.NO.6404/2016
BETWEEN:
MAHESHA
S/O VEERABHADRAIAH
AGED ABOUT 30 YEARS
R/AT DASANAPURA VILLAGE
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT- 571 111.
...PETITIONER
(BY SRI.VEERABHADRA SWAMY H.P., ADV.)
AND:
THE STATE OF KARNATAKA
BY KOLLEGAL TOWN POLICE STATION
CHAMRAJANAGAR & DISTRICT
BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI B.VISWESWARAIAH, HCGP)
THIS CRIMINAL PETITION FILED U/S.438 CR.P.C
WITH A PRAYER TO ENLARGE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST IN CR.NO.223/2015
(C.C.NO.175/2016) OF KOLLEGALA TOWN P.S.,
CHAMRAJANAGARA DISTRICT FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 21(4), 21(4a) OF MMRD
ACT AND 42(1), 43(2), 31R(13) OF KMMCR ACT R/W 379 OF
IPC.
3
CRL.P.NO.6405/2016
BETWEEN:
MAHESHA
S/O VEERABHADRAIAH
AGED ABOUT 30 YEARS
R/AT DASANAPURA VILLAGE
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT- 571 111.
...PETITIONER
(BY SRI.VEERABHADRA SWAMY H.P., ADV.)
AND:
THE STATE OF KARNATAKA
BY KOLLEGAL TOWN POLICE STATION
CHAMRAJANAGAR & DISTRICT
BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI B.VISWESWARAIAH, HCGP)
THIS CRIMINAL PETITION FILED U/S.438 CR.P.C
WITH A PRAYER TO ENLARGE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST IN CR.NO.137/2015 OF
KOLLEGALA TOWN P.S., CHAMRAJANAGARA DISTRICT
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3(1)
OF KMMCR RULE AND SECTIONS 4(1), 4(1A), 21(1)(3) AND
21(4) OF MMRD ACT R/W 379 OF IPC.
CRL.P.NO.6409/2016
BETWEEN:
MAHESHA
S/O VEERABHADRAIAH
AGED ABOUT 30 YEARS
R/AT DASANAPURA VILLAGE
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT- 571 111.
...PETITIONER
(BY SRI.VEERABHADRA SWAMY H.P., ADV.)
4
AND:
THE STATE OF KARNATAKA
BY KOLLEGAL TOWN POLICE STATION
CHAMRAJANAGAR & DISTRICT
BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI B.VISWESWARAIAH, HCGP)
THIS CRIMINAL PETITION FILED U/S.438 CR.P.C
WITH A PRAYER TO ENLARGE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST IN C.C.NO.177/2016
(CRIME NO.11/2016) OF KOLLEGALA TOWN P.S.,
CHAMRAJANAGAR WHICH IS REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SECTION 3(1) OF KMMCR
AND SECTIONS 4(1), 4(1A), 21(1) & (3), 21(4) OF MMRD ACT
R/W 379 OF IPC.
CRL.P.NO.6410/2016
BETWEEN:
MAHESHA
S/O VEERABHADRAIAH
AGED ABOUT 30 YEARS
R/AT DASANAPURA VILLAGE
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT- 571 111.
...PETITIONER
(BY SRI.VEERABHADRA SWAMY H.P., ADV.)
AND:
THE STATE OF KARNATAKA
BY KOLLEGAL TOWN POLICE STATION
CHAMRAJANAGAR & DISTRICT
BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI B.VISWESWARAIAH, HCGP)
5
THIS CRIMINAL PETITION FILED U/S.438 CR.P.C
WITH A PRAYER TO ENLARGE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST IN CRIME NO.129/2015 OF
KOLLEGALA TOWN P.S., CHAMRAJANAGAR FOR THE
OFFENCE PUNISHABLE UNDER SECTION 3(1) OF KMMCR
AND SECTIONS 4(1), 4(1A), 21(1)(3) AND 21) OF MMRD ACT
R/W 379 OF IPC.
CRL.P.NO.6411/2016
BETWEEN:
MAHESHA
S/O VEERABHADRAIAH
AGED ABOUT 30 YEARS
R/AT DASANAPURA VILLAGE
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT- 571 111.
...PETITIONER
(BY SRI.VEERABHADRA SWAMY H.P., ADV.)
AND:
THE STATE OF KARNATAKA
BY KOLLEGAL TOWN POLICE STATION
CHAMRAJANAGAR & DISTRICT
BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI B.VISWESWARAIAH, HCGP)
THIS CRIMINAL PETITION FILED U/S.438 CR.P.C
WITH A PRAYER TO ENLARGE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST IN C.C.NO.166/2016 (CR
NO.103/2015) OF KOLLEGALA TOWN P.S.,
CHAMRAJANAGAR WHICH IS REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SECTION 3(1) OF KMMCR
AND SECTIONS 4(1), 4(1A), 21(1) & (3) OF MMRD ACT R/W
379 OF IPC.
6
CRL.P.NO.6413/2016
BETWEEN:
MAHESHA
S/O VEERABHADRAIAH
AGED ABOUT 35 YEARS
R/AT DASANAPURA VILLAGE
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT- 571 111.
...PETITIONER
(BY SRI.VEERABHADRA SWAMY H.P., ADV.)
AND:
THE STATE OF KARNATAKA
BY KOLLEGAL TOWN POLICE STATION
CHAMRAJANAGAR & DISTRICT
BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI B.VISWESWARAIAH, HCGP)
THIS CRIMINAL PETITION FILED U/S.438 CR.P.C
WITH A PRAYER TO ENLARGE THE PETITIONER ON BAIL
IN THE EVENT OF HIS ARREST IN C.C.NO.160/2016
(CRIME NO.122/2015) OF KOLLEGALA TOWN P.S.,
CHAMRAJANAGAR, WHICH IS REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SECTION 3(1) OF KMMCR
AND SECTIONS 4(1), 4(1A), 21(1) & (3), 21(4) OF MMRD ACT
R/W 379 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
7
COMMON ORDER
Crl.P.No.6403/2016 is connected with Crl.P.Nos.6404/2016, 6405/2016, 6409/2016, 6410/2016, 6411/2016 & 6413/2016.
Learned counsel for the petitioner in Crl.P.No.6403/2016 submits that so far as petitioner No.1/accused No.6, he is not going to press the petition and same be dismissed as not pressed.
The said submission of the learned counsel is placed on record.
In view of the submission, petition in respect of petitioner No.1/accused No.6 is dismissed as not pressed.
2. Since the petitioner-accused No.7 in all the above cases is one and the same person and since, similar offences are registered as against the petitioner in all the petitions, they are taken together and disposed of by this common order.
8
3. The petitioner in all these cases filed the petition under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 43(2), 31R(13) & 42(1) of Karnataka Minor Mineral Consistent Rule, 1994, Sections 21(4) & 21(4A) of MMDR (Mines and Minerals Regulation of Development) Act, 1957, and Section 379 of Indian Penal Code in Crl.P.Nos.6403/2016, 6404/2016, 6405/2016, 6409/2016, 6410/2016, 6411/2016 & 6413/2016, registered in respondent-police station in Crime Nos.186/2015, 223/2015, 137/2015, 11/2016, 129/2015, 103/2015 & 122/2015.
4. Brief facts of the prosecution case as against the present petitioner is that the informant received the credible information that some persons are illegally mining and extracting the sand in Kaveri river shore near Dasanapura Village. After receiving such 9 information, the respondent-police and others have been near the Cauvery river shore, Dasanapura Village and they have noticed that three persons were collecting and loading the sand in to bullock carts. The police officials have covered and apprehended to said persons, and enquired the said persons and the said persons have introduced themselves as Mudduraju, Siddaraju and Nagaraju. They have transported the sand without there being any licence. On the basis of the said allegations, firstly a case came to be registered against three persons and during investigation, the Investigating Officer has arrayed the present petitioner as accused No.7 in all the above cases.
5. Heard the arguments of the learned counsel appearing for the petitioner-accused No.7 in all the above petitions and the learned High Court Government Pleader for the respondent-State.
10
6. I have perused the grounds urged in the bail petition, the FIR, Complaint and other materials produced by the petitioner in all the above petitions.
7. Looking to the allegations made in the complaint it is not the case of the prosecution that the present petitioner who has been arrayed as accused No.7 was caught red handed transporting the sand in the cart. The materials goes to show that even at the time of registering the FIR also the name of the present petitioner was not figured, but it is only subsequently on the basis of the statement of other accused persons, the present petitioner has been arrayed as accused No.7. Petitioner contended that he is innocent and is not involved in the alleged offence and he has been falsely implicated in the case and is ready to abide by any reasonable conditions to be imposed by the Court. The alleged offences are also not exclusively punishable with either death or imprisonment for life and they are triable in the Magistrate Court. Hence, by imposing 11 reasonable conditions, petitioner is admitted to anticipatory bail. Hence, the following:
ORDER The petitions are allowed. The respondent-police is directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 43(2), 31R(13) & 42(1) of Karnataka Minor Mineral Consistent Rule, 1994, Sections 21(4) & 21(4A) of MMDR (Mines and Minerals Regulation of Development) Act, 1957, and Section 379 of Indian Penal Code in Crl.P.Nos.6403/2016, 6404/2016, 6405/2016, 6409/2016, 6410/2016, 6411/2016 & 6413/2016, registered in respondent-police station in Crime Nos.186/2015, 223/2015, 137/2015, 11/2016, 129/2015, 103/2015 & 122/2015, subject to the following conditions:
i) Petitioner shall execute a personal bond for a sum of `50,000/- (Rupees Fifty Thousand Only) and shall furnish one solvent surety for the likesum in respect of each of the crime numbers 12 to the satisfaction of the concerned arresting authority;
ii) Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly;
iii) Petitioner shall make himself available before the Investigating Officer for interrogation as and when called for and co-operate with the further investigation in the matter;
iv) Petitioner shall appear before the concerned Court within 30 days from the date of copy of this order and to execute the personal bond and the surety bond.
Sd/-
JUDGE SS