- 1 - NC: 2025:KHC:13125 CRL.P No. 3935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3935 OF 2025 BETWEEN: NAGESH B S/O BOREGOWDA AGED ABOUT 40 YEARS R/O BANKAPURA VILLAGE NAGAMANGALA TALUK MANDYA DISTRICT PIN - 571 401. …PETITIONER (BY SMT. LAVANYA M, ADV.) AND: STATE BY KARNATAKA BY GEOLOGIST MINES AND GEOLOGY DEPARTMENT, MANDYA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT STATE BY GEOLOGY DEPARTMENT OF MINES AND GEOLOGY MANDYA, IN C.C NO.213/2024 FOR THE O/P/U/S 4, 4(1A) OF MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT 1957 AND SECTION 3(1), 42(1), 43 PF KMMC RILES 1994, IN THE EVENT OF ARREST WHICH IS PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC AT NAGAMANGALA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13125 CRL.P No. 3935 of 2025 ORAL ORDER 1. Petitioner apprehending arrest in C.C.No.213/2024 pending before the Court of Senior Civil Judge & JMFC, Nagamangala, registered for the offences punishable under Sections 4, 4(1A) of the Mines & Minerals (Development and Regulation) Act, 1957, and Rules 3(1), 42(1), 43 & 44 of Karnataka Minor Minerals Concession Rules, 1994, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner submits that the learned Magistrate has no jurisdiction to proceed further in the complaint which is submitted under Section 22 of the MMDR Act and the alleged offences are only triable by the Special Court. She submits that non-bailable warrant has been issued by the learned Magistrate, and therefore, he apprehends arrest in the said case. 4. Per contra, learned HCGP has opposed the petition. - 3 - NC: 2025:KHC:13125 CRL.P No. 3935 of 2025 5. Perusal of the material on record would go to show that private complaint is filed by the Senior Geologist, Mandya, against the petitioner herein for the aforesaid offences as provided under Section 200 of Cr.PC read with Section 22 of the MMDR Act. As rightly contended by the learned Counsel for the petitioner, the Court of Magistrate is only a committal court in cases filed under the provisions of the Act and it is only the Special Court which can try the alleged offences. Therefore, the learned Magistrate could not have issued summons and also issued non-bailable warrant against the petitioner. Under the circumstances, the apprehension expressed by the learned Counsel for the petitioner cannot be said to be misconceived. Therefore, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be considered affirmatively. Accordingly, the following order: 6. 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 C.C.No.213/2024 pending before the Court of Senior Civil Judge & JMFC, Nagamangala, registered for the offences punishable under Sections 4, 4(1A) of the Mines & Minerals (Development and - 4 - NC: 2025:KHC:13125 CRL.P No. 3935 of 2025 Regulation) Act, 1957, and Rules 3(1), 42(1), 43 & 44 of Karnataka Minor Minerals Concession Rules, 1994, 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 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 KK