MAHADEVASWAMY S/O GURUMALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioners-accused Nos.1 and 2 under Sec. 438 of Cr.PC to release them on anticipatory bail in Crime No.146/2016 of Terakambi police station, Gundlupete and C.C.No.1210/2017 pending on the file of the II Addl. Civil Judge (Jr. Dvn.) and JMFC, Gundlupete for the offences punishable under Sec. 21(4), 21(4A) of the Mines and Minerals Act 1957 and Sec. 31R(13), 42(1) and 43(2) of KMMCR Act 1994 R/w Sec. 379 of IPC.

(2.) I have heard learned counsel for the petitioners-accused and learned HCGP for the respondent-State.

(3.) The case of the complainant is that on 16.12.2016 at about 9 a.m. on credible information the police went to the spot and found a tractor trailer was transporting sand at Gudiman Malapura road, near oni of Sorehalla. The driver of said tractor trailer on seeing the police, stopped the vehicle and fled away from the spot. On verification it was found that the tractor and trailer bearing registration No.KA-10-T-6328 was transporting sand without having any valid permit or licence. A case was registered in this behalf.