- 1 - HC-KAR NC: 2025:KHC-D:11703 CRL.P No. 103479 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103479 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SRI. PAVADIGOUDA S/O NAGANGOUDA MULIMANI, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. K.C. RANI ROAD, OPP. VDST GROUND, GADAG-582 101. … PETITIONER (BY SRI. VIJAY M. MALALI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH DEPARTMENT OF MINES AND GEALOGY, KOPPAL REP. BY GEOLOGIST SRI. SANITH C., BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN C.C. NO.235/2025 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC YALABURGA REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 4(1)(1A) OF MMDR ACT, IN THE ENDS OF JUSTICE. 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:11703 CRL.P No. 103479 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail in C.C. No.235 of 2025 pending before the Court of Civil Judge and JMFC, Yelburga registered for offence punishable under Section 4(1)(1A) of Mines and Minerals (Development and Regulation) Act, 1957. 2. Learned counsel for the petitioner submits that the learned Magistrate after taking cognizance of the aforesaid offence has issued summons to the petitioner. Since the petitioner had not appeared before the learned Magistrate, non-bailable warrant has been issued against him and therefore, petitioner apprehends arrest and remand to judicial custody. He submits that petitioner is ready and willing to appear before the Trial Court voluntarily, but in the event his regular bail application is not considered on the same day, he is likely to be remanded to judicial - 3 - HC-KAR NC: 2025:KHC-D:11703 CRL.P No. 103479 of 2025 custody. Therefore, he is before this Court seeking anticipatory bail. He submits that this petition may be disposed of with liberty to the petitioner to appear before the learned Magistrate and file necessary application seeking recall of non-bailable warrant and also to grant him regular bail and the said applications may be directed to be considered on the same day by the Trial Court. 3. Learned HCGP fairly does not oppose the prayer made by the learned counsel for the petitioner. 4. Therefore, this petition is disposed of with liberty to the petitioner to appear before the Court of learned Magistrate and file necessary application to recall the non- bailable warrant issued against the petitioner and also to grant regular bail. In the event the petitioner appears before the Trial Court and files such applications, the same shall be considered and disposed of on merits on the same day. Sd/- (S.VISHWAJITH SHETTY) JUDGE