- 1 - NC: 2025:KHC:14519 CRL.P No. 4624 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4624 OF 2025 BETWEEN: 1. RAJU @ RAJU K.S S/O SRINIVASA AGED ABOUT 44 YEARS R/AT K KODIHALLI VILLAGE MADDUR TALUK MANDYA DISTRICT - 571 428. 2. K.T. RAGHU S/O THIMMAIAH AGED ABOUT 37 YEARS R/AT K KODIHALLI VILLAGE MADDUR TALUK MANDYA DISTRICT - 571 428. 3. K.N. RAJENDRA KUMAR S/O NARAYAN AGED ABOUT 57 YEARS R/AT K KODIHALLI VILLAGE MADDUR TALUK MANDYA DISTRICT - 571 428. …PETITIONERS (BY SRI K.R. SATHISH, ADV.) AND: STATE OF KARNATAKA BY GEOLOGIST MNES AND GEOLOGY DEPARTMENT MANDYA - 571 401, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILIDNG BANGALORE - 560 001. …RESPONDENT Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14519 CRL.P No. 4624 of 2025 (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT ANTICIPATORY BAIL INFAVOUR OF THE PETITIONERS IN C.C.NO.2626/2022 PENDING BEFORE THE HONBLE 2ND ADDL. CIVIL JUDGE AND JMFC COURT AT MADDUR FOR THE OFFENCE P/U/S 4, 4(1A) OF MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT 1957, RULE 3(1), 42(1), 43 OF KARNATAKA MINOR MINERALS CONCESSION RULES 1994, (AMENDMENT RULES 2020) SEC. 21 OF MMDR ACT, 1957, RULE 44 OF KMMCR 1994, ON ANY REASONABLE CONDITIONS, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. 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 nos.1 to 3 in C.C.No.2626/2022 pending before the Court of II Addl. Civil Judge & JMFC, Maddur, registered for offences punishable under Sections 4, 4(1A), 21 of Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'MMDR Act') and Rules 3(1), 42(1), 43, 44 of Karnataka Minor Minerals Concession Rules, 1994 (for short, 'the Rules'), are before this Court under Section 482 of BNS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. - 3 - NC: 2025:KHC:14519 CRL.P No. 4624 of 2025 3. Private complaint was filed by Senior Geologist, Department of Mines & Geology, Mandya, against the petitioners herein as provided under Section 22 of MMDR Act for the aforesaid offences, alleging that petitioners have committed the aforesaid offences and it appears that non- bailable warrant has been issued in the said case against the petitioners. Apprehending arrest in the said case, petitioners herein had filed Crl. Misc. No.531/2024 before the jurisdictional Sessions Court, which was rejected on 03.09.2024. Therefore, they are before this Court. 4. Perusal of the material available on record would go to show that the learned Magistrate after taking cognizance of the alleged offences had initially issued summons to the accused persons. The order sheet maintained by the learned Magistrate in C.C.No.2626/2022 would go to show that summons issued to the accused was not served, and inspite of the same, NBW was issued against them. Therefore, the petitioners herein apprehend arrest in the said case. The said apprehension cannot be said to be misconceived. The learned Sessions Judge has failed to appreciate this aspect of the matter and has erred in rejecting the anticipatory bail application of the petitioners. - 4 - NC: 2025:KHC:14519 CRL.P No. 4624 of 2025 Petitioners do not have any criminal antecedents. The maximum punishment for the alleged offences, is imprisonment for a period of three years. Under the circumstances, I am of the opinion that petitioners prayer for grant of anticipatory bail requires to be answered affirmatively. Accordingly, the following order: 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in C.C.No.2626/2022 pending before the Court of II Addl. Civil Judge & JMFC, Maddur, registered for offences punishable under Sections 4, 4(1A), 21 of Mines and Minerals (Development and 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 Petitioners shall appear before the **jurisdictional Court 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/- each with two sureties for the likesum to the satisfaction of the *concerned Court. *Corrected vide Court Order Dt: 02.05.2025 **Corrected vide Court Order Dt: 04.06.2025 - 5 - NC: 2025:KHC:14519 CRL.P No. 4624 of 2025 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK