Allowed

Ninganagouda S/O Rudragouda Patil v. the Department of Mines and Geology

Karnataka HC12 Oct 2020CRL.P/100775/2020

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in connection with a criminal case involving unauthorized sand transport, permitting release upon executing a personal bond and meeting specific conditions.

What did the court decide?

Petition allowed; defendant released upon execution of personal bond with two sureties and adherence to conditions.

Ninganagouda S/O Rudragouda Patil Vs the… — Criminal Trial and Appeal | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF OCTOBER 2020

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BEFORE

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRL.P.NO.100775/2020

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BETWEEN:

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NINGANAGOUDA S/O RUDRAGOUDA PATIL AGE: 60 YEARS, OCC: AGRICULTURE, R/O: NADI-NEERALAGI, TQ: SAVANUR, DIST: HAVERI, P.C. NO: 581111.

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... PETITIONER

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(BY SRI. P.G.MOGALI, ADV.) AND

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THE DEPARTMENT OF MINES AND GEOLOGY HAVERI, TQ: HAVERI, DIST: HAVERI, BY ITS SENIOR GEOLOGIST, K. SHRINIVAS REPRESENTED BY ADDL. S.P.P., DHARWAD, HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD, DHARWAD.

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... RESPONDENT

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(BY SMT. SEEMA SHIVA NAIK, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC.438 OF CR.P.C., PRAYING TO DIRECT THE SUBINSPECTOR OF POLICE, GUTTAL POLICE STATION IN HAVERI TALUKA & DISTRICT TO RELEASE THE PETITIONER / ACCUSED NO.7, IN THE EVENT OF HIS ARREST IN C.C. NO.172/2019 (P.C.R. NO.66/2019) FILED BY THE RESPONDENT, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HAVERI, FOR THE OFFENCES PUNISHABLE U/SEC.4, 4(1A) AND 21 OF THE MMRD ACT AND U/SEC.3 AND 42 OF THE KMMRD RULES, 1994.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner

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and the learned HCGP for the respondent-State.

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On the basis of a private complaint No.66/2019 filed by one Sri Srinivas K., Geologist Mines and Geology Department, Haveri, before the learned Additional Civil Judge and JMFC Court, Haveri, a case was registered in C.C. No.172/2019.

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The allegations are that on 23/1/2019 at

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about 4.00pm, at Havanur village near Dyamavva temple, on the bank of Tungabhadra river, the accused persons were transporting the sand in their respective tractors and trailers, without any permit or valid licence.

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The petitioner is stated to be the owner of tractor and trailer No.KA-27/TC-0823 and KA-27/TMP/2019/928.

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The offence alleged against the petitioner is one under Sections, 4, 4(1A) and 21 of MMRD Act 1957 and under Sections 3, 42 and 43 of the KMMC Rules 1994. It is alleged that the petitioner is the owner of one of the tractortrailer which were seized in the case.

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The learned counsel for the petitioner

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contends that the petitioner is innocent. In view of the registration of the case, there is an apprehension of his arrest. The seized tractor has already been released in his favour. In the event of his arrest, he will be put to great hardship and humiliation.

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petitioner are not punishable with death or imprisonment for life. The participation of the petitioner in the alleged offence is a matter which needs to be enquired with. The petitioner is a permanent resident of Nadi Neeralagi village of Savanur Taluk, Haveri District. Hence, considering the facts and circumstances of the case, I pass the following:

ORDER

Petition is allowed.

In the event of arrest of the petitioner in C.C.No.172/2019, pending on the file of the Additional Civil Judge and JMFC Haveri, he shall be released subject to the following conditions:

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i) Petitioner shall appear before the Jurisdictional Court within a period of two weeks from today and shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the likesum to the satisfaction of the Court.

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ii) Petitioner shall appear before the Court on all hearing dates unless exempted from his personal appearance.

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iii) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.

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iv) Petitioner shall co-operate with investigation/inquiry and for the early disposal of the case.

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Sd/JUDGE

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Vmb

Ninganagouda S/O Rudragouda Patil v. the Department of Mines and Geology

Case brief

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Ninganagouda S/O Rudragouda Patil v. the Department of Mines and Geology

Case brief

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What did the court decide?

What the court decided

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