- 1 - HC-KAR NC: 2025:KHC-D:10609 CRL.P No. 103130 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103130 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. NINGAPPA S/O GUDADAPPA GURIKAR, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. NINGAPUR, TQ. KUKANOOR, DIST. KOPPAL, PIN-591 201 … PETITIONER (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH MINES AND GEOLOGY DEPARTMENT, KOPPAL, REPRESENTED BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, PIN-580 011. 2. SRI. VISHWANATH H.V., AGE. 45 YEARS, OCC. GEOLOGIST MINES AND GEOLOGY DEPARTMENT, TQ. AND DIST. KOPPAL, PIN-583 231. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN CC NO.673/2023 ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT YELBURGA FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1), (1A) AND SECTIONS 21(1) AND 21(2) OF MMRD ACT IN SO FAR AS PRESENT PETITIONER/ACCUSED NO.30 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10609 CRL.P No. 103130 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.30 in C.C.No.673 of 2023 pending before the Court of Civil Judge and JMFC, Yelburga, registered for offences punishable under Sections 4(1), 4(1A), Section 21(1) and 21(2) of the Mines and Minerals (Regulation and Development) Act 1957, is before this Court under Section 483 of the BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. The material on record would go to show that a private complaint was filed before the Jurisdictional Court of Magistrate, Yelburga, by the Geologist attached to the Department of Mines and Geology, Koppal, against 38 persons for the alleged offences and the learned Magistrate, after taking cognizance of the alleged offences, had issued summons to the accused named in the private complaint. It appears that since the petitioner, who was arrayed as accused No.30 in the private complaint had not - 3 - HC-KAR NC: 2025:KHC-D:10609 CRL.P No. 103130 of 2025 appeared before the trial Court, in spite of service of summons, non-bailable warrant was issued as against him and his presence was secured on 02.07.2025 and on the said day, he was produced before the learned Magistrate and remanded to judicial custody. His bail application filed thereafter before the learned Magistrate was rejected and therefore he had approached the Jurisdictional Sessions Court in Criminal Misc.No.225 of 2025, which was dismissed on 21.07.2025. It is under these circumstances, he is before this Court. 4. The allegation in the private complaint is that, accused Nos.1 to 19 had carried on illegal mining activities and so far as the petitioner is concerned, allegation against him is that, he being one of the pattedars of the land in which illegal mining was carried out, had leased the said property to accused Nos.1 to 19 for the purpose of illegal mining. The maximum punishment for the alleged offences is imprisonment for a period of 5 years. - 4 - HC-KAR NC: 2025:KHC-D:10609 CRL.P No. 103130 of 2025 5. Learned counsel for the petitioner has submitted that petitioner will co-operate before the trial Court for speedy disposal of the case, and he shall appear regularly before the trial Court. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The petitioner is directed to be enlarged on bail in C.C.No.673 of 2023 pending before the Court of Civil Judge and JMFC, Yelburga, registered for offences punishable under Sections 4(1), 4(1A), 21(1) and 21(2) of the Mines and Minerals (Regulation and Development) Act 1957, subject to the following conditions: 1. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC-D:10609 CRL.P No. 103130 of 2025 2. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; 3. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 4. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 26