SIDDAPPA KALLAPPA KANAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition, the petitioner is challenging the order passed by the Court of the XII Addl.District and Sessions Judge, sitting at Gokak in Crl.Misc.No.3327/2018 dated 07.01.2019, whereby allowed the application filed by the applicant under Section 451 r/w Section 457 of Cr.P.C. by imposing certain conditions, but in this petition seeking relaxation relating to execute the renewable bank guarantee of Rs.8,00,000/- with two sureties for the like sum relating to the vehicle namely JCB bearing No.KA-45/M-2326 indicates in PF as Annexure-B.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the impugned order.

(3.) Learned counsel for the petitioner, who has taken me through the impugned order passed by the Court below and where the Court has passed an order to release the said vehicle by imposing condition that the petitioner shall execute the renewable bank guarantee of Rs.8,00,000/-. The petitioner is the owner of said JCB seized by the Investigating Officer during the course of investigation in C.C.No.4248/2018 for the offences fall under the Mines and Minerals (Development and Regulation) Act, 1957, (hereinafter referred to as 'MMDR Act' for short) and the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as 'KMMC Rules' for short). The complainant-PSI of Gokak Rural P.S. has seized the said JCB and conducted mahazar in the presence of the panch witnesses. The complainant has filed a complaint before the Court of the JMFC at Gokak under Section 200 of Cr.P.C. against the petitioner said to be the owner of the JCB. The said JCB was found and also utilized by the accused for mining and transporting the sand without obtaining any valid permit from the competent authority. The same has been revealed in the private complaint filed by the competent authority in order to initiate the proceedings against the accused.