Karnataka High Court
Sri. Chaluvegowda vs The State Of Karnataka on 27 June, 2017
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION No.2032 OF 2017
BETWEEN:
1. Sri. Chaluvegowda,
Son of Singrigowda,
Aged about 47 years,
Resident of Beechanahalli Pura,
Dabbegatta Hobli,
Thuruvekere Taluk,
Hassan District - 573 211.
2. Sri. Ravish,
Son of Paramesh,
Aged about 25 years,
Marasettihalli Village,
Holenarasipura Taluk,
Hassan District - 573 211. ...Petitioners
(By Sri. B. Sanjay Yadav, Advocate for
Sri. S. Mahesh, Advocate)
AND:
The State of Karnataka,
By Hirisave Police Station,
Hassan - 573 124.
Rep. by S P P,
High Court of Karnataka,
Bengaluru - 560 001. ... Respondent
(By Sri. S. Vishwamurthy, HCGP)
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This Criminal Petition is filed u/s.438 Cr.P.C praying to
enlarge the petitioner on bail in the event of his arrest in
Cr.No.74/2016 of Hirisave P.S., Hassan District for the offence
P/U/Rule 44 of Karnataka Minor Mineral Consistent Rule and
Sections 4(1A), 21 of Mines and Minerals (Development and
Regulation) Act and Section 379 of IPC.
This criminal petition coming on for Orders this day, the
Court passed the following:
ORDER
Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent.
2. The petitioner apprehends their arrest by the respondent police in their Crime No.74/2016 registered in respect of the offences punishable under Karnataka Minor Mineral Consistent Rule 1994 (U/s-44); MMDR (Mines and Minerals Regulation of Development) Act 1957 (U/s-4(1A), 21); IPC 1860 (U/s-379).
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3. Their submission is that, by interim order dated 07.03.2017, the respondent was directed not to arrest them.
4. The allegation is that a JCB and two tractors were indulged in illegal mining of sand. On seeing the police personnel three loaders escaped from the spot. The petitioners claim that they are innocent of the offence and they are not concerned with the vehicle seized by the Investigating Officer. In the circumstances there is no impediment to allow the petition. Accordingly, I pass the following:
ORDER Petition is allowed. Petitioners are granted anticipatory bail in Crime No.74/2016 registered by the respondent-Police for the offences punishable under Karnataka Minor Mineral Consistent Rule 1994 (U/s-
44); MMDR (Mines and Minerals Regulation of
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Development) Act 1957 (U/s-4(1A), 21); IPC 1860 (U/s-
379), in the event of their arrest, subject to the following condition:
(i) In the event of their arrest by the respondent-Investigating Officer in respect of the above case, they shall be released on bail by executing a self bond for a sum of Rs.50,000/- with one surety for the likesum.
Sd/-
JUDGE SV