- 1 - NC: 2025:KHC:7063 CRL.P No. 1176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1176 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. LINGAIAH S/O LATE LINGEGOWDA @ MODDAGOWDA, AGED ABOUT 79 YEARS, R/AT KESTUR VILLAGE, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DIST.-571 476. …PETITIONER (BY SRI. MURALI M., ADVOCATE) AND: STATE OF KARNATAKA BY GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, MANDYA, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER OF ANTICIPATORY BAIL AND DIRECT THE RESPONDENT TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.1877/2024, REGISTERED BY RESPONDENT, WHICH IS NOW PENDING BEFORE I ADDL. CIVIL JUDGE AND JMFC, MADDUR, MANDYA DIST., FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1), 4(1A) AND 21(1) OF MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957, (AMENDMENT ACT-2015 AND RULES 3(1), 42(1), 43 AND 44 OF KARNATAKA MINOR MINERALS CONCESSION RULES 1994 (AMENDMENT RULES 2020). Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7063 CRL.P No. 1176 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking anticipatory bail in a case registered in C.C.No.1887/24 on the file of the I Additional Civil Judge and JMFC, Maddur, Mandya, under Section 4(1), 4(1A) and 21(1) of Mines and Minerals (Development & 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. It is alleged that the petitioner has illegally stored sand in his land bearing Sy.No.311/1 and Sy.No.311/3 situated in Kesture village and carried out sand mining activities, without any license or permit. 3. The Geologist, Mines and Geology Department, Mandya, along with other officials conducted a raid in the - 3 - NC: 2025:KHC:7063 CRL.P No. 1176 of 2025 above lands on 22.7.2024 at about 2.50 p.m. and noticed that 30 metric tons of sand was illegally stored in Sy.No.311RS/3 worth Rs.21,000/- and 50 metric tons in Sy.No.311RS/1 worth Rs.35,000/-. 4. Private complaint was filed by the Geologist, Mines and Geology Department, Mandya, against accused Nos.1 to 4 on 28.2.2024, based on which a case was registered in CC No.1877/2024, on the file of the I Additional Civil Judge and JMFC, Maddur, Mandya. 5. The learned High Court Government Pleader has contended that the accused has illegally removed sand from the banks of Shimsha river and stored the same in his land. 6. As per RTC, there are several others who are joint owners of the land in question. Petitioner claims to be innocent. He is aged about 79 years. He has undertaken to furnish adequate surety to ensure his regular presence before the trial Court. Prosecution has to establish its case against the petitioner in trial. - 4 - NC: 2025:KHC:7063 CRL.P No. 1176 of 2025 7. The trial Court has issued warrant to the accused. Considering the facts and circumstances, he can be directed to appear before the trial Court and file necessary application to recall the warrant. If any such application is filed, within a period of 10 days from today, the learned Magistrate shall allow the same and enlarge the petitioner on bail on the same day imposing appropriate conditions. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 32 Ct:ar