- 1 - NC: 2025:KHC:5716 CRL.P No. 715 of 2025 C/W CRL.P No. 714 of 2025 CRL.P No. 742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 715 OF 2025 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION NO. 714 OF 2025 CRIMINAL PETITION NO. 742 OF 2025 IN CRL.P No. 715/2025 BETWEEN: BALAKRISHNA J R S/O RAMU J M, AGED ABOUT 48 YEARS, R/O JAKKANAHALLI VILLAGE, T.M. HOSUR HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 438. …PETITIONER (BY SRI. K.L. SREENIVAS, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY THE GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, MANDYA DISTRICT-571 402. BY STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5716 CRL.P No. 715 of 2025 C/W CRL.P No. 714 of 2025 CRL.P No. 742 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.320/2024 (PCR NO.24/2024) REGISTERED IN THE COURT OF THE PRL. DISTRICT AND SESSIONS JUDGE AND JMFC, SRIRANGAPATNA, FOR THE OFFENCES UNDER SECTIONS 4(1), 4(1A) R/W 21 OF MMDR ACT, AND SECTIONS 3(1), 42(1), 43 OF KMMC RULES, 1994 R/W RULE 44 OF THE KMMC RULES (AMENDMENT ACT, 2020). IN CRL.P NO. 714/2025 BETWEEN: BALAKRISHNA J S/O RAMU J M AGED ABOUT 48 YEARS, R/O JAKKANAHALLI VILLAGE, T.M. HOSUR HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 438. ...PETITIONER (BY SRI. K.L. SREENIVAS, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY THE GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, MANDYA DISTRICT-571 402. BY STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT BUILDING, BENGALURU-560 001. ...RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING TO - 3 - NC: 2025:KHC:5716 CRL.P No. 715 of 2025 C/W CRL.P No. 714 of 2025 CRL.P No. 742 of 2025 RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.323/2024 (PCR NO.27/2024) REGISTERED IN THE COURT OF THE PRL. CIVIL JUDGE AND JMFC, SRIRANGAPATNA, FOR THE OFFENCES UNDER SECTIONS 4(1), 4(1A) R/W 21 OF MMDR ACT, AND SECTIONS 3(1), 42(1), 43 OF KMMC RULES, 1994 R/W RULE 44 OF THE KMMC RULES (AMENDMENT ACT, 2020). IN CRL.P NO. 742/2025 BETWEEN: BALAKRISHNA J R S/O RAMU J M AGED ABOUT 48 YEARS, R/O JAKKANAHALLI VILLAGE, T.M. HOSUR HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 438. ...PETITIONER (BY SRI. K.L. SREENIVAS, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY THE GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, MANDYA DISTRICT-571 402. BY STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT BUILDING, BENGALURU-560 001. ...RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.317/2024 (PCR NO.22/2024) REGISTERED IN - 4 - NC: 2025:KHC:5716 CRL.P No. 715 of 2025 C/W CRL.P No. 714 of 2025 CRL.P No. 742 of 2025 THE COURT OF THE PRL. CIVIL JUDGE AND JMFC, SRIRANGAPATNA, FOR THE OFFENCES UNDER SECTIONS 4(1), 4(1A) R/W 21 OF MMDR ACT, AND SECTIONS 3(1), 42(1), 43 OF KMMC RULES, 1994 R/W RULE 44 OF THE KMMC RULES (AMENDMENT ACT, 2020). THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER These three petitions are preferred by the same petitioner seeking anticipatory bail in cases registered against him under Sections 4(1), 4(1A) and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (Amendment Act, 2015) and Rules 3(1), 42(1), 43 and 44 of the Karnataka Minor Minerals Concession Rules, 1994 (Amendment Rules, 2020). 2. Three separate complaints under Section 200 have been filed by the Senior Geologist, Mines and Geology Department, Mandya, before the learned Principal JMFC Court, Srirangapatna, alleging that illegal mining activities are carried in Sy.No.83 of Jakkanahalli village, - 5 - NC: 2025:KHC:5716 CRL.P No. 715 of 2025 C/W CRL.P No. 714 of 2025 CRL.P No. 742 of 2025 Srirangapatna Taluk, Mandya District, without valid licence or permit. It is alleged that the accused has removed the building stones from the above mentioned land without paying royalty and thereby caused loss to the Government etc. 3. Perusal of the complaint averments goes to show that some villagers reported the matter, based on which, the Senior Geologist inspected the spot and found out that the accused had extracted the building stones and transported it without any licence or permit. 4. As per complaint, the building stones are already extracted and transported. It is not the case of the complainant that he found the building stones when he went for inspection or that the accused was seen blasting or carrying on mining activities or removing the stones. Certain machines were found at the spot, however, that by itself is not a ground to reject the petition. The prosecution has to establish that the petitioner has carried illegal mining activity and he has extracted and transported the - 6 - NC: 2025:KHC:5716 CRL.P No. 715 of 2025 C/W CRL.P No. 714 of 2025 CRL.P No. 742 of 2025 building stones from the land in question. The offences alleged are not punishable with death or imprisonment for life. The maximum punishment prescribed is 5 years. The petitioner has undertaken to furnish adequate surety to ensure his presence before the trial Court. Hence, the following: ORDER 1. Petitions are allowed. 2. Petitioner/accused No.2 in CC No.320/2024, CC No.323/2024 and CC No.317/2024, pending on the file of the Court of the Prl. JMFC, Srirangapatna, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the jurisdictional Court within a period of 10 days from the date of receipt of a copy of this order. b) He shall furnish separate bonds in the above cases, in a sum of Rs.1,00,000/- (Rupees one lakh only) with a surety for - 7 - NC: 2025:KHC:5716 CRL.P No. 715 of 2025 C/W CRL.P No. 714 of 2025 CRL.P No. 742 of 2025 the likesum to the satisfaction of the jurisdictional Court. c) He shall not destroy or tamper with the prosecution evidence. d) He shall be regular in attending the Court proceedings. e) He shall not commit/repeat the alleged offences. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 18 Ct:ar