- 1 - NC: 2025:KHC:3178 CRL.P No. 13850 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13850 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: GIRIJA N S WIFE OF SHIVARAMEGOWDA.M.B AGED ABOUT 55 YEARS, RESIDING AT NO.14, 1ST FLOOR, SM ROAD, 1ST CROSS, BEHIND NSR ARCAD, JALAHALLI CROSS, BANGALORE-560 013. …PETITIONER (BY SRI. NATARAJU B HALEMANE, ADVOCATE) AND: STATE OF KARNATAKA GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MANDYA-571 401 REPRESENTED BY STATE PUBLIC PROSECUTOR, HCK BULDING, BANGALORE-01. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN C.C.NO.532/2019 FOR THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3178 CRL.P No. 13850 of 2024 AFORESAID ALLEGED OFFENCE PUNISHABLE UNDER SECTION 4(1), 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) REGISTERED AT NAGAMANGALA POLICE STATION AND JMFC, NAGAMANGALA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Learned High Court Government Pleader takes notice for the State. 2. Petitioner has sought for anticipatory bail apprehending her arrest in connection with a case registered in C.C.No.532/2019 in the Court of JMFC, Nagamangala, Mandya. 3. A private complaint is filed against seven persons by the geologist, Mines and Geology Department, Mandya, alleging that they have committed offences under Section 4(1), 4(1A) and 21 of the Mines - 3 - NC: 2025:KHC:3178 CRL.P No. 13850 of 2024 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). 4. It is the case of prosecution that the Mines and Geology Department, Mandya received a complaint from “Vishwa Manava Hakkugala Seva Kendra”, Mavinakere Village, Thuruvekere Taluk about illegal mining taking place in Kabbinakere Village. Inspection was conducted by the complainant along with other officials at various lands bearing different Survey numbers of Kabbinakere Village. They noticed that the petitioner was carrying out illegal mining activities in land bearing Survey No.21/1p32. It is the further case of prosecution that out of the total land measuring 4 acres 2 guntas in the above Survey number, in about 8 guntas of land the petitioner was extracting building stones continuously for a period of two years and extracted about 973 metric tons of stones. The prosecution has alleged that by doing the said illegal - 4 - NC: 2025:KHC:3178 CRL.P No. 13850 of 2024 mining activities, a loss of royalty to the tune of Rs.58,380/- was caused to the Government exchequer. 5. In response to the notice issued to the petitioner she gave a reply/representation dated 28.06.2019. It is her case that she has entered into an agreement with one Valiyuddin Kalemulla to sell 4 acres 2 guntas of land in Survey No.21/1p32 of Kabbinakere Village and he is in possession and enjoyment of the said land from the date of agreement. 6. Learned High Court Government Pleader has contended that there was only an agreement between the petitioner and Valiyuddin Kalemulla, however, the possession of the said property is still with the petitioner. 7. It is submitted by the learned counsel for petitioner that all other accused named in the complaint have been enlarged on bail. Petitioner is innocent and if she is arrested, she will be put to great hardship. - 5 - NC: 2025:KHC:3178 CRL.P No. 13850 of 2024 8. The allegations against the petitioner have to be established in due course. According to the petitioner she is not in possession of the land in question where the illegal mining activities are alleged to have been carried. She has stated that by virtue of an agreement with one Valiyuddin Kalemulla, she is not in possession of the land but the said person is in peaceful possession and enjoyment of the land in Survey No.21/1p32 measuring 4 acres 2 guntas. 9. Petitioner has undertaken to furnish sufficient surety to ensure her regular presence before the trial Court. The offences alleged against the petitioner have to be established in due course. Considering that all the other accused named in the complaint have been enlarged on bail, relief sought in the petition can be granted by imposing conditions. Accordingly, the following: ORDER Petition is allowed. - 6 - NC: 2025:KHC:3178 CRL.P No. 13850 of 2024 Petitioner/accused No.4 in C.C.No.532/2019 on the file of the Court of JMFC, Nagamangala, Mandya District, shall be released in the event of her arrest, subject to following conditions: a) She shall appear before the jurisdictional Court within a period of 15 days from today and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with a surety for the likesum. b) She shall furnish proof of her address and shall inform the Court in case of change in the address. c) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 6 Ct: ra