J THIPPERUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the accused under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for short) for granting anticipatory bail in C.C.No.501/2020 registered and pending before the I Addl. Civil Judge and J.M.F.C, Ballari for the offence punishable under Ss. 4(1), 4(1A) read with Sec. 21 of Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as 'MMRD Act', for short) and under Ss. 43, 41(A) and 44 of Karnataka Minor Mineral Concessions Rules, 1994 (hereinafter referred to as 'KMMC Rules', for short).

(2.) Heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent.

(3.) The case of the prosecution is that the Mines and Geological Department, Ballari, filed a complaint under Sec. 200 of Code of Criminal Procedure, 1973 before the J.M.F.C., Ballari alleging that on 6/7/2020, they came to know through one reporter that this petitioner is extracting murram/gravel from his agricultural land in Sy.No.175/A3. Accordingly, the complainant along with other geologists and the officials of revenue department, visited the land on 13/7/2020 and verified the land and found that the petitioner said to have extracted 6,600 metric tones of gravel worth Rs.5,28,000.00. Therefore, the geology department issued notice to the petitioner. For which, the petitioner gave reply and the complainant being not satisfied with the explanation of the petitioner, has filed the complaint. After registering the case, the learned Magistrate took cognizance of the offences and issued NBW. The petitioner approached the Sessions Court for bail which came to be dismissed. Hence, he is before this Court.