BOREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, who is accused in Crime No.57/2016 registered by Kollegala Rural Police for the offences punishable under Sections 43(2), 31R(13) of Karnataka Minor Mineral Consistent Rule 1994 and Sections 21(4), 21(4A) of M.M.D.R. (Mines and Minerals Regulation of Development) Act 1957 read with Section 379 of IPC has filed this petition under Section 438 of Cr.P.C. seeking anticipatory bail.

(2.) The case of the Prosecution is that on 3.3.2016, at about 6.30 a.m., when the police officials were patrolling the outskirts of Silkalpura Village, a goods vehicle bearing registration No.KA -41 -8360 was moving towards Mysore. At that time, the Police directed the driver of said vehicle to stop the vehicle. The driver stopped the vehicle, but ran away from the spot leaving the vehicle at the spot. On inspection, it was found that sand was being transported in the said vehicle without the permission of the competent authority. Further, on enquiry it was found that one Boregowda, the petitioner herein was driving the vehicle. Hence, the Prosecution registered a case against the petitioner for the offences punishable under Sections 43(2), 31R(13) of Karnataka Minor Mineral Consistent Rule 1994 and Sections 21(4), 21(4A) of M.M.D.R. (Mines and Minerals Regulation of Development) Act 1957 read with Section 379 Of IPC. On apprehension of arrest, the petitioner filed Crl.Misc.No.5070/2016 on the file of Additional District and Sessions Judge, Chamarajangara, sitting at Kollegala seeking anticipatory bail. The learned District and Sessions Judge, by his order dated 16.3.2016 dismissed the said bail application on the ground that sand is illegally transported without the permission of the competent authority. Hence, the petitioner is before this Court seeking anticipatory bail.

(3.) Learned advocate appearing for the petitioner contended that the petitioner is not involved in any of the offences alleged against him. He submits that the petitioner is a permanent resident of Mysore and he owns the agricultural properties at Mysore and he shall abide by any of the conditions that may be imposed by this Court. He also submits that the offences alleged against the petitioner are neither punishable with death nor imprisonment for life.