Allowed

Chandrashekar B R v. Central Government of India

Karnataka HC7 Jul 2021CRL.P/963/2021

Case brief

AI extract

What is this about?

High Court of Karnataka granted anticipatory bail to two accused persons in private complaint regarding illegal mining and transportation of sand. Bail was allowed subject to personal bonds, surrender timelines, and restrictions on tampering with witnesses or committing similar offences.

What did the court decide?

Petitioners released from arrest in Private Complaint No.249/2020 subject to personal bond, surrender within 15 days, and prohibitory conditions.

Chandrashekar B R Vs Central Government of India — Quashing and FIR | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JULY, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE K. NATARAJAN

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CRIMINAL PETITION No.963/2021

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BETWEEN:

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CHANDRASHEKAR B.R.,

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S/O RAJANNA, AGED ABOUT 48 YEARS, R/O OLD POST OFFICE BUILDING, SIDLAGHATTA TOWN, DISTRICT:CHIKKABALLAPURA – 562 105.

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MANJUNATH G., S/O GORALAPPA, AGED ABOUT 38 YEARS, R/O YALAGALAHALLI VILLAGE, PERESANDRA POST, TALUKA AND DISTRICT CHIKKABALLAPURA – 562 104.

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…PETITIONERS

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(BY SRI.TIGADI VEERANNA GADIGEPPA, ADVOCATE)

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AND:

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CENTRAL GOVERNMENT OF INDIA, REPRESENTED BY THE GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, DISTRICT:CHIKKABALLAPUR – 562 105.

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REPRESENTED BY ADDITIONAL SOLICITOR GENERAL, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. (VIDE ORDER DATED 25.06.2021 DELETED)

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STATE OF KARNATAKA, REPRESENTED BY THE GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, DISTRICT:CHIKKABALLAPUR – 562 105. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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…RESPONDENT

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(BY SRI. K NAGESHWARAPPA, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ALLOW THE PETITION BY GRANTING THEM ANTICIPATORY BAIL DIRECTING THE INVESTIGATION OFFICER AND/OR THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN PRIVATE COMPLAIN NO.249/2020 (CRIMINAL CASE NO.373/2020) FOR THE OFFENCES P/U/S 4(1), 4(1-A), 21, 22 OF MMRD ACT AND SECTION 3(1), 42(1), 43(A), 44 OF KMMCR PENDING ON THE FILES OF THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC., CHIKKABALLAPURA.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING , THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is filed by petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. for granting them anticipatory bail in Private Complaint No.249/2020 (C.C. No.373/2020) pending before the learned II Additional Civil Judge and J.M.F.C. Court, Chikkaballapura for the offences punishable under Sections 4(1), 4(1-A), 21 and 22 of Mines and Minerals (Development and Regulation) Act 1957 and under Sections 3(1), 42(1), 43(A) and 44 of Karnataka Minor Minerals Concession Rules 1994.

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Heard the arguments of learned counsel for the petitioners and learned High Court Government Pleader for respondent – State and perused the records.

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The case of the prosecution is that on 24.06.2020 one Latha Kulakarni, who is the officer of

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the Mines and Geology Department, has received a credible information that the sand was illegally transported by some persons in a lorry bearing No.KA40/A-7002. Immediately, she along with panchas were raided the vehicle and found 36 metric ton of M-sand in the said lorry. The same was seized and registered the case and filed a private complaint before Chikkaballapura Court. After registering the case, the police trying to arrest the accused persons. The petitioners/accused Nos. 1 and 2 have approached the Sessions Judge for bail, which came to be dismissed. Hence, the petitioners/accused Nos.1 and 2 are before this court seeking anticipatory bail.

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Upon hearing the arguments of learned

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counsel for the petitioners and learned High Court Government Pleader for respondent - State and looking to the facts and circumstances of the case, it reveals that the vehicle and the sand were seized by the Mining

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Department and thereafter, a private complaint came to be filed on 13.07.2020. In view of the warrant issued by the Magistrate, the petitioners/accused Nos.1 and 2 apprehends arrest for having committed the non-bailable offences. The alleged offences are not punishable with death or imprisonment for life. The sand as well as lorry were already seized by the Mines Department, therefore by imposing stringent conditions, if petitioners/accused Nos.1 and 2 are released on anticipatory bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:

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ORDER

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The criminal petition is allowed .

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The respondent - police is directed to release the petitioners/accused Nos.1 and 2 in the event of their arrest in Private Complaint No.249/2020 (C.C. No.373/2020) pending before the learned II Additional

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Civil Judge and J.M.F.C. Court, Chikkaballapura for the offences punishable under Sections 4(1), 4(1-A), 21 and 22 of Mines and Minerals (Development and Regulation) Act 1957 and under Sections 3(1), 42(1), 43(A) and 44 of Karnataka Minor Minerals Concession Rules 1994, subject to the following conditions:-

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i) Each of the petitioners shall execute personal bond for a sum of Rs.25,000/(Rupees Twenty Five Thousand only) with a surety for likesum to the satisfaction of the Investigating Officer;

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ii) They shall surrender before the Court within 15 days from the date of receipt of copy of this order;

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iii) They shall not indulge in similar offences; and

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iv) They shall not directly or indirectly tamper with any of the prosecution witnesses.

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Sd/- JUDGE

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VBS

Chandrashekar B R v. Central Government of India

Case brief

What is this about?

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Chandrashekar B R v. Central Government of India

Case brief

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