- 1 - NC: 2025:KHC:16721 CRL.P No. 5377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5377 OF 2025 BETWEEN: DEVAPPA MARATHI ALIAS DEVAPPA NAIK AGED ABOUT 52 YEARS S/O GOVINDA NAIK, R/AT 'DHANRAJ NILAYA' ALOOR VILLAGE AND POST KUNDAPURA TALUK, UDUPI DISTRICT - 576 233 …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: STATE BY GANGOLLI POLICE STATION, UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.33/2025 GANGOLLI P.S., BY THE RESPONDENT POLICE, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, KUNDAPURA, FOR THE OFFENCE P/U/S 303(2), 112 OF BNS, 2023 AND U/S 4, 4(1A), 21 OF MMRD ACT, 1957. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:16721 CRL.P No. 5377 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.33/2025 registered by Gangolli Police Station, Udupi, for the offences punishable under Sections 303(2), 112 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections 4, 4(1A), 21 of Mines and Minerals Regulation of Development Act, 1957 (for short, 'MMDR' Act) is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard. 3. FIR in Crime No.33/2025 was registered by Gangolli Police Station, Udupi District for the aforesaid offences against the petitioner and other based on the first information dated 19.03.2025, received from one Sri.Raghavendra.D., Revenue Officer, Gangolli, Udupi Taluk. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.602/2025 before the Jurisdictional Sessions Court, which was dismissed on 02.04.2025. Therefore, the petitioner is before this Court. - 3 - NC: 2025:KHC:16721 CRL.P No. 5377 of 2025 4. In the first information dated 19.03.2025, it is averred that on the said date, when the first informant had visited Aloor village, within the jurisdiction of Gangolli police station, he found red laterite stones were removed from property bearing Sy.No.102 of Aloor village, which belongs to the Government. Petitioner and other, who were in the property at the time of first informants' visit, allegedly ran away. Removed laterite stones and the instruments used for removal of the laterite stones were also found at the spot and it is under these circumstances, the first informant had approached the police and submitted the first information, based on which, FIR was registered against the petitioner and others. It is not the case of the prosecution that petitioner has got any criminal antecedents. The alleged offences are not punishable either with death or imprisonment for life. According to the first informant, the petitioner and others, who were found near the property in question, ran away from the property after seeing him. He has not stated in the first information that he had seen the petitioner and others removing the laterite stones from the property in question, which allegedly belongs to the State Government. Considering - 4 - NC: 2025:KHC:16721 CRL.P No. 5377 of 2025 the aforesaid aspect of the matter, I am of the opinion that the prayer made by the petitioner herein for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner's in the event of their arrest in Crime No.33/2025 registered by Gangolli Police Station, Udupi, for the offences punishable under Sections 303(2), 112 of BNS and Sections 4, 4(1A), 21 of MMDR Act, 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 - 5 - NC: 2025:KHC:16721 CRL.P No. 5377 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 BH List No.: 1 Sl No.: 54