This petition is filed by the sole accused under

Section 438 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the 8Cr.P.C.9, for brevity)

seeking

anticipatory

bail

in

CC

No.348/2021

registered

for

the

offences

punishable

under

Sections 4(1), 4(1A) and 21 of the Mines and

Minerals (Development and Regulation) Act, 1957

(hereinafter referred to as MM(DR) Act, for brevity)

and

Rule

44

of

the

Karnataka

Minor

Mineral

Concession Rule, 1994 (hereinafter referred to as

KMMC Rules, for brevity), pending on the file of the

learned Civil Judge and JMFC, Harapanahalli.

2.

The case of the prosecution is that, one

Harshavardhan, Geologist, has filed the private

complaint against the petitioner which came to be

registered

in

PCR

No.18/2021

stating

that

on

03.12.2019 in compliance of the report of the

- 3 -

Tahsildar dated 12.09.2019, the complainant visited

the land in Sy.No.42/B1 of Chatnihalli village. There

they

found

that,

they have

illegally

excavated

104733.12metric tones of stones in violation of Rule

3(1) and 42(1) of KMMC Rules and Section 4(1),

4(1A)

of

MM(DR)

Act.

Based

upon

the

said

complaint, the Magistrate took cognizance for the

offence and ordered for process t