Criminal Petition No. 5449 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21072 CRL.P No. 5449 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5449 OF 2025 BETWEEN: SRI GIRISHA S/O PAPANNA AGED ABOUT 40 YEARS RESIDING AT T. BEGURU VILLAGE, KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562 123. (BY SRI MANJUNATH M.R, ADV., FOR SRI NARASEGOWDA K, ADV.) AND: STATE OF KARNATAKA BY SHO, HOSADURGA P.S BENGALURU RURAL REPRESENTED BY STATE PUBLIC PROSECUTOR, DISTRICT AND SESSIONS COURTS, BENGALURU - 560 001. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SRI RANGASWAMY R, HCGP) POLICE HOSADURGA THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE POLICE, CHITRADURGA RESPONDENT DISTRICT TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.321/2015 IN C.C NO.445/2016 AGAINST THE YAHISH/A-1, GIRISH/A-2, FOR THE ALLEGED O/P/U/S 21(4), 4(1A) OF M.M.R.D ACT R/W 379 OF IPC REGISTERED BY THE HOSADURGA POLICE, NOW PENDING ON THE FILE OF HONBLE PRL.CIVIL JUDGE (JR.DN) AND JMFC AT HOSADURGA, CHITRADURGA DISTRICT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:21072 CRL.P No. 5449 of 2025 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in C.C.No.445/2016 pending before the Court of Principal Civil Judge (Jr.Dn) & JMFC, Hosadurga arising out of Crime No.321/2015 registered by Hosadurga Police Station, Chitradurga District for the offences punishable under Sections 21(4A), 4(1A) of Mines and Minerals Regulation of Development Act, 1957 (for short 'MMDR' Act) and Section 379 of IPC is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.321/2015 was registered by Hosadurga Police Station, Chitradurga District against the drivers of the lorry bearing registration No.KA-06-C-8885 and KA-52-8418. After completing investigation, charge sheet has been filed against two persons for the aforesaid - 3 - NC: 2025:KHC:21072 CRL.P No. 5449 of 2025 HC-KAR offences and the petitioner herein is arraigned as accused No.2 in the charge sheet. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.285/2025, which was rejected on 20.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition. 6. FIR in the present case is registered by Hosadurga Police Station, Chitradurga district for the aforesaid offences, based on the first information dated 27.08.2015 received from Sri Girish B, PSI, attached to Hosadurga Police Station. The allegation against the accused is that the first informant had received credible information that certain persons were illegally transporting sand in vehicles and based on such information, lorry bearing registration No.KA-06-C-8885 and KA-52-8418 - 4 - NC: 2025:KHC:21072 CRL.P No. 5449 of 2025 HC-KAR were intercepted by the first informant and his staff. The drivers of the said lorry allegedly ran away from the spot and thereafter the lorries, which were transporting the sand without any license were seized. It is in this background, FIR was registered against the drivers of the aforesaid lorries. 7. Section 22 of the MMDR Act reads as follows: "22. Cognizance of offences.- No Court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf of by the Central Government or the State Government". 8. From the aforesaid it is apparent that, the cognizance of any offences punishable under the MMDR Act can be taken by the Court only on a complaint in writing made by a person authorized in this behalf by the State Government or Central Government. In the case on hand, based on the first information submitted by the Police Sub Inspector, FIR has been registered by - 5 - NC: 2025:KHC:21072 CRL.P No. 5449 of 2025 HC-KAR Hosadurga Police Station and after completing investigation, charge sheet has been filed against accused persons and the petitioner herein is arraigned as accused No.2 in the charge sheet. 9. Since it was shown in the charge sheet that the petitioner was absconding, the learned Magistrate has straight away issued NBW against him and thereafter also has issued proclamation order. In the event, a complaint was filed before the jurisdictional Court, in normal circumstances, summons should have been issued to the accused and it is only thereafter NBW could have been issued against accused. Since proper procedure was not followed in the present case while registering criminal case against accused for the offence punishable under the provisions of MMDR Act, without even service of summons, NBW has been issued against the petitioner. 10. The alleged offences are not punishable with death or life imprisonment. The petitioner has no criminal antecedents. He has undertaken to appear before the - 6 - NC: 2025:KHC:21072 CRL.P No. 5449 of 2025 HC-KAR Court on regular dates of hearing for the purpose of disposal of the case. Under these circumstances, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 11. Accordingly, the following:
Decision
ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in C.C.No.445/2016 pending before the Court of Principal Civil Judge (Jr.Dn) & JMFC, Hosadurga arising out of Crime No.321/2015 registered by Hosadurga Police Station, Chitradurga District for the offences punishable under Sections 21(4A), 4(1A) of Mines and Minerals Regulation of Development Act, 1957 and Section 379 of IPC, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order - 7 - NC: 2025:KHC:21072 CRL.P No. 5449 of 2025 HC-KAR on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS