- 1 - NC: 2025:KHC-D:7086 CRL.P No. 101693 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101693 OF 2025 (438(Cr.PC)/482(BNSS) BETWEEN: SACHIN S/O. NINGAPPA ASHTAGI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. BEHIND HANUMANTHA TEMPLE, UPPINABETAGERI, TAL. & DISTRICT-DHARWAD-580206. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR THROUGH ALAWANDI POLICE STATION, DISTRICT. KOPPAL-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF BNSS, 2023, SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 IN CRIME NO.5/2025 OF ALWANDI POLICE STATION, ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, KOPPAL, REGISTERED FOR THE OFFENCES P/U/S 303(2) OF BHARATIYA NYAYA SANHITA 2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7086 CRL.P No. 101693 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Srinivas B. Naik, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Facts in brief which are utmost necessary for the disposal of the petition are as under: 2.1 Nagaraju E. S/o. Eshwarappa being the Gezetted Officer of Mines and Geology Department, lodged a complaint with Alawandi Police Station on 24.01.2025 alleging that on 24.01.2025 at about 11.40 am, when he visited Hiresindhogi limits and was patrolling near Hirehalla, he noticed the alleged theft of sand in the riverbed and he also noticed that one earthmover with chain mounted excavator was being operated and in the process of theft of sand. 2.2 They further noticed that in Hirehalla, about 1 meter deep the sand was excavated and therefore, they wanted to apprehend the driver of the said earthmover. - 3 - NC: 2025:KHC-D:7086 CRL.P No. 101693 of 2025 Immediately all of them escaped leaving behind the earthmover on the spot. Same is seized in the presence of panchas and sought for action. 3. Based on such complaint, police registered a case against an unknown person who is owner and driver of the said excavator. 4. Petitioner approached the District Court for grant of anticipatory bail. Same was rejected by the learned Trial Judge and thereafter the petitioner is before this Court. 5. Sri Srinivas B. Naik, learned counsel for petitioner would submit that the learned Trial Judge swayed away by the menace of sand mining and its impact on the environment and rejected anticipatory bail request not noticing that no proper FIR being registered against the persons and there is no proper investigation conducted and sought for grant of anticipatory bail. - 4 - NC: 2025:KHC-D:7086 CRL.P No. 101693 of 2025 6. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent opposes the bail grounds. 7. Having heard the arguments of both the sides in detail, this Court noticed that if there is an offence that has been committed under the Mines and Minerals (Development and Regulation) Act, 1957, the complaint should have been to the jurisdictional Magistrate by the authorized/competent officer by way of Private complaint. 8. What has been alleged against the owner of the earthmover is only an offence under Section 303(2) of Bharatiya Nyaya Sanhita, 2023 which is the offence of theft alone. 9. Taking note of these aspects of the matter and also having regard to the fact that the investigation has not progressed to the required extent for want of presence of the petitioner even though the alleged offence has taken place on 24.01.22025, this Court is of considered - 5 - NC: 2025:KHC-D:7086 CRL.P No. 101693 of 2025 opinion that directing the petitioner to join the investigation and undergo limited period of custodial interrogation would meet the ends of justice. 10. Accordingly, without expressing further opinion on the merits of the matter following order is passed. ORDER (i) The criminal petition is allowed. (ii) Petitioner is directed to join the investigation by appearing before the Investigating Officer positively on 12.05.2025 at 10.00 a.m. (iii) The Investigating Officer is at liberty to take the petitioner to custody and complete the investigation on the same day before 7.00 p.m. and enlarge the petitioner on bail, by taking a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Trial Court of which one surety must be a local surety. (iv) Petitioner shall co-operate with the Investigation Officer in all respects and in that regard mark his attendance before the - 6 - NC: 2025:KHC-D:7086 CRL.P No. 101693 of 2025 Investigating Officer on every Sunday between 10.00 am and 2.00 pm., till the final report is filed. (v) Petitioner shall not tamper the prosecution witnesses in any manner. (vi) Petitioner shall attend the Court regularly. (vii) Petitioner shall not leave the jurisdiction of Dharwad and Koppal Districts without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (V.SRISHANANDA) JUDGE NAA CT:GSM List No.: 1 Sl No.: 10