LAWS(KAR)-2019-5-179

KIRAN KUMAR G.C. Vs. STATE

Decided On May 28, 2019
Kiran Kumar G.C. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner has filed the petition seeking for enlarging him on bail in the event of his arrest relating to proceedings pending in Crime No.33/2019 of Nagamangala Police initiated with respect to the offences punishable under Rules 3, 42 and 44 of the Karnataka Mines and Minerals Concession Rules, 1994 and under Sections 4(1-A) and 21(1-5) of the Mines and Minerals Development and Regulation Act, 1957 and Section 379 of IPC, which is pending on the file of Civil Judge and JMFC, Nagamangala.

(2.) The petitioner states that as regards the merits of the power to investigate the same is not free from doubt, in view of the order passed in W.P.No.9188/2018.

(3.) The petitioner further states that other accused (Accused No.2) in the same crime has been released on regular bail by virtue of an order passed in Crl.P.No.2492/2019. The petitioner further states that with respect to the land in question, the petitioner's mother had been granted lease for a period commencing from 23.11.1998 to 31.03.2020 and hence, he contends that there are no prima facie materials for having initiated the prosecution.