(1.) These petitions have been filed by the petitioners under section 438 of Cr.P.C., 1973 in Crime No.62/2018 by the Shirahatti Police Station for the offences punishable under Section 21 of Mines and Minerals Regulation of Development Act and Section 379 of IPC. As these petitions arise out of the same crime number, both are heard together and disposed off by this common order.
(2.) Heard the learned counsel for the petitioners and the learned HCGP for respondent-State.
(3.) The nutshell of the averments made in the complaint that on 03.04.2018, the CPI of Shirahatti Circle said to have received a credible information of theft of sand and its illegal transportation in two Bolero vehicles from Mundargi towards Varavi-Shirahatti. Therefore, the CPI secured his staff and panchas and went near Kappatappa Neelagiri tota of Shirahatti and while they were watching, at that time, the CPI saw two Bolero goods vehicles coming from Varavi and went towards Shirahatti. The said vehicles were stopped and on verification, they found that the sand said to be loaded and were transporting the same without any valid permit. The drivers of the Bolero goods vehicle bearing No.KA-26/A- 8456 on seeing the raid team, took their heels from the scene of crime. On the basis of the complaint report filed by the CPI, the crime came to be registered and thereafter proceeded with the case for investigation.