SHARIFSAB MOULASAB NADAF Vs. STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) This petition is filed by the accused No.2 under Sec. 439 of Cr.P.C., seeking bail in C.C.No.1915/2018 pending on the file of the IV Additional Senior Civil Judge and JMFC Court, Dharwad, registered for the offences punishable under Sec. 42 of Karnataka Minor Mineral Concession Rules, 1994, read with Ss. 31-R(4)(ix) , 43(5) , (6), (7), (8), (9), (10), (11) and 44(1) of Karnataka Minor Mineral Concession (Amendment) Rules, 2017.

(2.) The case of the prosecution is that, a lorry bearing registration No.KA-25/B-6550 is found transporting the sand on the Hubballi-Dharwad bye-pass highway. The accused No.1 was found in the lorry. Though the said lorry was having sand permit, but was carried the sand beyond permissible time. The said lorry was taken to the police station and after all formalities, a private complaint came to be filed before the IV Additional Senior Civil Judge and JMFC Court, Dharwad. The petitioner/accused No.2 upon the summons, appeared in the case and on 14/11/2018, the jurisdictional Court released him on bail. Thereafter, the petitioner appeared before the Court till closure of Courts due to COVID-19 lockdown. Later the petitioner remained absent and an NBW came to be issued against him and he was secured by executing NBW and remanded him to the judicial custody on 5/9/2022. The petitioner/accused No.2 filed bail application and the same came to be rejected by the IV Additional Senior Civil Judge and JMFC Court, Dharwad. Thereafter, the petitioner filed Criminal Misc. No.517/2022 seeking bail and the same came to be rejected by the Principal District and Sessions Judge, Dharwad, by order dtd. 28/9/2022. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent- State.