B.M. BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused Nos.5 to 8 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioners on bail in the event of their arrest in P.C.No.758/2019 on the file of the Prl. Civil Judge and JMFC., Court, Koppal for the offences punishable under Sections 4(1)(1A), 21(1) and 21(2) OF MMDR Act.

(2.) The facts briefly stated in this petition are that on the basis of the complaint filed by the Geologist, Mines and Geology Department, Koppal, Police have registered the case. The allegations are that on the basis of the complaint filed by the general public on 31.05.2019, the complainant and another official conducted the inspection at the spot in survey No.74 and four vehicles namely tractors with compressor were seized and handed over to Koppal Rural Police. During the enquiry, it was found that the accused Nos.1 to 3 who were licence holders have illegally excavated/extracted and transported the minerals/ stone from the stone quarry even after the expiry of their license period and caused huge loss to the Government exchequer. The accused Nos.5 to 8 being owners of the tractors were also involved with them, thereby all accused have committed the alleged offence.

(3.) Heard the learned counsel for the petitioners and learned HCGP for respondent-State. Perused the prosecution records available at this stage.