- 1 - NC: 2025:KHC:11485 CRL.P No. 3400 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3400 OF 2025 BETWEEN: ARJUNGOWDA H.P S/O H.A. PRAKASH AGED ABOUT 26 YEARS R/AT HONAGANAHALLI VILLAGE KASABA HOBLI, MANDYA TALUK MANDYA - 571 401. …PETITIONER (BY SRI HEMANTH KUMAR K, ADV.) AND: THE STATE OF KARNATAKA BY GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, MANDYA REP.BY. STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST WHO IS ACCUSED NO.2 IN CC.NO.1982/2024 ARISING OUT OF PCR.NO.412/2024 REGISTERED BY THE RESPONDENT, FOR THE OFFENCE P/U/S 4,4(1A),21 OF THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 (AMENDMENT ACT, 2015), RULES Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11485 CRL.P No. 3400 of 2025 3(1),42(1),43,44 OF THE KARNATAKA MINOR MINERALS CONCESSION RULES, 1994 (AMENDMENT RULES - 2020), PENDING ON THE FILES OF I ADDITIONAL CIVIL JUDGE AND JMFC, AT MADDUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in CC No.1982/2024 pending before the Court of I Addl. Civil Judge and JMFC, Maddur, arising out of PCR No.412/2024 registered by the respondent for the offences punishable under Sections 4, 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), is before this Court under 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. Respondent herein had filed a private complaint before the Court of Magistrate against Santhosh K. C and petitioner herein for the aforesaid offences and the learned Magistrate - 3 - NC: 2025:KHC:11485 CRL.P No. 3400 of 2025 after taking cognizance of the alleged offences has issued summons to the accused. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.781/2024 before the jurisdictional Sessions Court which was rejected on 31.12.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that learned Magistrate is in the habit of taking the accused into custody in similar mattes and therefore, petitioner is apprehending arrest in the case. Petitioner has no other criminal antecedents. He is ready and willing to cooperate with the Trial Court. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that apprehension expressed by learned counsel for the petitioner is misconceived. 6. The Hon'ble Supreme Court in the case of Mahdoom Bava vs. Central Bureau of Investigation - 2023 SCC OnLine SC 299 has observed in paragraph No.10 as follows:- "10. More importantly, the appellants apprehend arrest, not at the behest of the CBI but at the behest of the Trial Court. This is for the reason that in some parts of the - 4 - NC: 2025:KHC:11485 CRL.P No. 3400 of 2025 country, there seems to be a practice followed by Courts to remand the accused to custody, the moment they appear in response to the summoning order. The correctness of such a practice has to be tested in an appropriate case. Suffice for the present to note that it is not the CBI which is seeking their custody, but the appellants apprehend that they may be remanded to custody by the Trial Court and this is why they seek protection. We must keep this in mind while deciding the fate of these appeals." 7. In the present case, petitioner has expressed apprehension that he is likely to be remanded to judicial custody in the event, he appears before the Trial Court pursuant to the summons issued to him. Learned counsel for the petitioner has submitted that in similar cases, learned Magistrate has taken the accused into custody. Under the circumstances, the apprehension expressed by learned counsel for the petitioner cannot be said to be totally misconceived. Undisputedly, petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- - 5 - NC: 2025:KHC:11485 CRL.P No. 3400 of 2025 8. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in CC No.1982/2024 pending before the Court of I Addl. Civil Judge and JMFC, Maddur, arising out of PCR No.412/2024 registered by the respondent for the offences punishable under Sections 4, 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), subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with - 6 - NC: 2025:KHC:11485 CRL.P No. 3400 of 2025 the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE DN