IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.3876 OF 2022 BETWEEN:

SRI J.M.VRUSHABHENDRAIAH S/O LATE MALIYAPPAIAH AGED ABOUT 76 YEARS R/O SRI.GURU KRUPA FARM KUDLIGI ROAD, SANDUR, BELLARY DISTRICT – 583 119.

... PETITIONER (BY SRI HANUMANTHA REDDY Y.S., ADVOCATE)

AND:

THE STATE OF KARNATAKA SPECIAL INVESTIGATION TEAM KARNATAKA LOKAYUKTA BENGALURU – 560 001 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU – 560 001.

... RESPONDENT (BY SRI VENKATESH ARBATTI, SPL.PP FOR R-1;

R-2 TO R-6 ARE DELETED VIDE ORDER DATED 28.02.2024)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO (a) QUASH THE FINAL REPORT / CHARGE SHEET, IN CRIME NO. 23/2015, ON THE FILE OF THE XXIII ADDITIONAL CITY CIVIL SESSIONS JUDGE AND SPECIAL JUDGE, FOR PREVENTION OF CORRUPTION ACT, AT BENGALURU, VIDE ANNEXURE-B, TO THE PETITION; (b) CONSEQUENTLY, QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER (ACCUSED NO. 1), IN SPECIAL CC NO. 148/2022, WHICH IS PENDING ON THE FILE OF THE XXIII ADDITIONAL CITY CIVIL SESSIONS JUDGE AND SPECIAL JUDGE, VIDE ANNEXURE C, TO THE PETITION.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner/accused No.1 is before this Court calling in question proceedings in Special C.C.No.148 of 2022 arising out of Crime No.23 of 2015 registered for offences punishable under Sections 109, 379, 409, 468, 471 r/w 120B of the IPC and Sections

21, 23 r/w 4(1) and 4(1a) of the Mines and Minerals (Development and Regulation) Act, 1957 (‘the Act’ for short).

2. Heard Sri Y. S. Hanumantha Reddy, learned counsel appearing for the petitioner and Sri Venkatesh Arabatti, learned Special Public Prosecutor appearing for the respondent.

3. Facts, in brief, germane are as follows: -

3.1. A mining lease comes to be granted to the petitioner/

accused No.1 in the year 1993 by the Government of Karnataka for a land measuring 3.36 hectares/8.13 acres in Sy.No.19 of Ramghad Village, Sandur Taluk, Bellary District to extract iron ore and red oxide. The mining lease was for a period of 20 years. The process of extraction of iron ore in terms of the lease was carried out by M/s Srinivasa Minerals Trading Company who is accused No.3 and its partner one Y.Srinivasa Rao/accused No.2. Between May 2009 and December 2010, it is the allegation that accused No.3 being hand in glove with the petitioner/accused No.1 carried out illegal extraction of iron ore without any permit as stipulated under the Act.

3.2. During the course of investigation on the said allegation, it was found that the Department of Mines and Geology had issued permits in favour of accused No.1 favouring accused No.3 to extract and transport iron ore to various locations. However, there were no permits granted to extract iron ore or transport it to Krishnapatnam Port. On 10-09-2009 accused No.1 submits a request to the Controller General, Indian Bureau of Mines for temporary discontinuance of the mines in the light of illegal mining activity surrounding the petitioner/accused No.1 mining lease. Accordingly Form-F which is the prescribed format was submitted for temporary discontinuance of mines or mining lease.

3.3. On 07-09-2015, pursuant to the directions of the Apex Court and constitution of the SIT in terms of the directions, a crime in Crime No.23 of 2015 comes to be registered against several persons including Mr. G.Janardhan Reddy and all others in the same mining area. The SIT conducts investigation and files the charge sheet against all indulging the petitioner/accused No.1. Filing of the charge sheet is what has driven the petitioner to this Court in the subject petition.

4. The learned counsel appearing for the petitioner would vehemently contend that the allegations in the FIR and the charge sheet is that the