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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.2821/2021

BETWEEN:

1.

K.Siddesh,

S/o Kempaiah,

Aged about 50 years,

2.

Sri.Somashekar C.,

S/o Chikkanna,

Aged about 26 years,

Residing at

Kadasonnapanhalli Village,

Kannur Post,

Bangalore East Taluk,

Bengaluru – 560 066.

..Petitioners

(By Sri. B.Manjunath, Advocate)

AND:

State Represented by

Mines and Geology Department,

Chikkaballapur District.

Latha Kulkarni, Geologist,

Chikkaballapur Police Station – 560 070.

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S.P.P., High Court Building,

Bangalore.

..Respondent

(By Sri.K.Nageshwarappa, HCGP)

This Criminal petition is filed under Section 438 of

Cr.P.C. by the advocate for the petitioners praying that

this Hon’ble Court may be pleased to enlarge the

petitioners on bail in the event of their arrest in

P.C.R.No.205/2020 registered by the respondent police

for the offence P/U/S 4(1), 4(1A), 21 and 22 of Mines

and Minerals (Development and Regulation) Act, 1957

and Rule 3(1), 42(1), 43(A) and 44 Karnataka Minor

Minerals Concession Rules.

This Criminal petition coming on for Orders, this

day, the Court made the following:

O R D E R

This bail petition is filed by petitioners-accused

Nos.1 and 2 under Section 438 of Cr.P.C. for grant of

anticipatory bail in PCR No.205/2020-2021 pending on

the file of the Civil Judge and JMFC, Chikkaballapur for

the offences punishable under Sections 4 (1), 4(1-A),

21 and 22 of the Mines and Minerals (Development and

Regulation) Act, 1957 and Rule 3(1), 42(1), 43(A) and

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44 of the Karnataka Minor Minerals Concession Rules,

1994 pending in C.C.No.432/2020.

2.

Heard the arguments of the learned counsel

appearing for the petitioners and the learned HCGP

appearing for the respondent-State.

3.

The case of the prosecution is that the Mines

and Geology Department has filed a private complaint

under Section 200 of Cr.P.C. before the learned

Magistrate for the above said offences alleging that on

30.05.2020,

accused

Nos.1

and

2

were

found

transporting the size stones in the Tipper lorry bearing

Reg.No.KA-50/A-1379 without any valid permit or

licence. After the arrest, the Department of Mines and

Geology filed a private complaint and also the charge

sheet was filed. In view of the Non-bailable Warrant

issued,

the

Police

trying

to

arrest

the

petitioners/accused Nos.1 and 2 and hence the

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petitioners/accused Nos.1 and 2 have approached the

Sessions Judge which came to be rejected. Hence, the

petitioners are before this Court in this petition.

4.

Having heard the arguments and perused

the records which reveals that the alleged offences

under the MMDR Act and Rules alleging that on

30.05.2020,

the

accused

persons

were

found

transporting the size stones in the Tipper lorry bearing

Reg.No.KA-50/A-1379 without any valid permit or

licence. Subsequently, a private complaint came to be

filed after 15 days. The investigation is completed and

also the charge sheet is filed. The present petitioners

are required only for the purpose of facing the trial

before the Court and the recovery has already made by

seizing the vehicle as well as the size stones. The

offence is though non-bailable but it is not punishable

with death or imprisonment for life. Therefore, I am of

the view that without expressing any opinion on the

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merits of the case, if the petitioners are granted bail,

no prejudice would be caused to the case of the

prosecution. Hence I pass the following:

ORDER

The criminal petition is allowed.

The petitioners are released on bail and their

appearance before the Magistrate in PCR No.205/2020-

2021 pending on the file of the Civil Judge and JMFC,

Chikkaballapur for the offences punishable under

Sections 4 (1), 4(1-A), 21 and 22 of the Mines and

Minerals (Development and Regulation) Act, 1957 and

Rule 3(1), 42(1), 43(A) a