ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNS S’ for short) for grant of anticipatory bail in Crime no.138/2024 of Bhatkal Rural Police Station, Bhatkal, for offences punishable under Sections 4 , 4(1A) , 21 of Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDRA’ for short) and Sections 132 , 121 (1) , 303 (2) read with Section 3 (5) of Bharatiya Nyaya Sanhita (‘BNS ’for short), by accused no.1 and 2 (petitioners).

2. Sri Narayana V. Yaji, learned counsel for petitioners submitted that petitioner no.1 was 38 years old driver and permanent resident of Adikal, Manki, while petitioner no.2 was 24 years old businessman and permanent resident of Mastimane, Manki. It was submitted, though petitioners had not committed or involved in any offences, they were apprehending arrest in view of registration of Crime no.138/2024 against them for non-bailable offences (supra).

3. It was submitted, case of prosecution even according to complaint dated 28.10.2024 was complainant - Bhagappa Kadagal – Police Constable, Bhatkal Rural Police Station, and Basavaraj DK – CPC-959 were on duty a