UDDAPPA MALLAPPA CHUNCHANUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an anticipatory bail petition filed under Section 438 of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.' for brevity) seeking to enlarge the petitioner on bail in the event of his arrest in C.C.No.2065/2019 pending on the file of I Additional Civil Judge and JMFC., Gokak for the offences under Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'MMDR Act', for brevity) and Rule 44(1) of Karnataka Municipal Corporations Rules, 1977 (hereinafter referred to as 'KMC Rules', for brevity).

(2.) The case of the prosecution in brief is that on 27.05.2019 at about 8.30 a.m., it is alleged that the petitioner in a tractor and trailer bearing No.KA-49/T-8705/T- 8455 was transporting sand illegally on Melavanki-Chigadolli Road. The complainant intercepted the vehicle and seized the sand by drawing mahazar. Thereafter, a private complaint came to be filed on 27.05.2019. The petitioner had filed an anticipatory bail application before the 12th Additional District and Sessions Judge, Belagavi sitting at Gokak, which came to be rejected on 30.07.2019.

(3.) The petitioner has stated that he has been falsely implicated in the case and he is not involved in the alleged incident. The conduct of the raid and seizure without registration of a private complaint is contrary to law and due procedure contemplated under Cr.P.C. as also MMDR Act. That the alleged offences are not punishable with death or life imprisonment. The alleged offences are specially triable by a Special Court established for this purpose. Apart from the above, petitioner submits that he is ready and willing to abide by any conditions imposed by this Court and he would also furnish adequate surety. The petitioner submits that he is a permanent resident of Melavanki Village, Gokak Taluk, Belgavi District and he is having sufficient movable and immovable properties and there is no chance of the petitioner to abscond in the event of grant of anticipatory bail. The petitioner also submits that he would co-operate with any further investigation or requirement of the jurisdictional authorities.