- 1 - NC: 2025:KHC-D:2199 CRL.P No. 103792 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.103792 OF 2024 [438(CR.PC)/482(BNSS)] BETWEEN: 1. BHASKAR DATTA NAIK AGE: 38 YEARS, OCC: DRIVER, R/O. ADIKAL, MANKI, HONNAVARA TALUK, DIST: UTTARA KANNADA. 2. MANOJ GANAPATI NAIK AGE: 24 YEARS, OCC: BUSINESS, R/O. MASTIMANE, MANKI, HONNAVARA TALUK, DIST: UTTARA KANNADA. … PETITIONERS (BY SRI NARAYAN V. YAJI, ADVOCATE) AND: THE STATE OF KARNATAKA BY BHATKAL RURAL POLICE STATION, BHATKAL TALUK, UTTARA KANNADA, REPRESENTED BY STATE PUBLIC PROSECUTOR, O/O. ADVOCATE GENERAL, HIGH COURT BUILDING, AT DHARWAD. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 482 OF BNSS, SEEKING TO ENLARGE THE PETITIONERS/ACCUSED NO. 1 AND 2 ON BAIL IN CASE OF THEIR ARREST BY THE RESPONDENT POLICE IN CRIME NO.138/2024 REGISTERED WITH THE RESPONDENT BHATKAL RURAL P.S. BHATKAL, DATED 26.07.2019 U/S. 4, 4(1A), 21 OF MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT AND 132, 121(1), 303(2) R/W. SECTION 3(5) OF BNS BY ALLOWING THE ABOVE PETITION. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.05 14:54:08 +0530 - 2 - NC: 2025:KHC-D:2199 CRL.P No. 103792 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) for grant of anticipatory bail in Crime no.138/2024 of Bhatkal Rural Police Station, Bhatkal, for offences punishable under Sections 4, 4(1A), 21 of Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDRA’ for short) and Sections 132, 121 (1), 303 (2) read with Section 3 (5) of Bharatiya Nyaya Sanhita (‘BNS’ for short), by accused no.1 and 2 (petitioners). 2. Sri Narayana V. Yaji, learned counsel for petitioners submitted that petitioner no.1 was 38 years old driver and permanent resident of Adikal, Manki, while petitioner no.2 was 24 years old businessman and permanent resident of Mastimane, Manki. It was submitted, though petitioners had not committed or involved in any offences, they were apprehending arrest in view of registration of Crime no.138/2024 against them for non-bailable offences (supra). - 3 - NC: 2025:KHC-D:2199 CRL.P No. 103792 of 2024 3. It was submitted, case of prosecution even according to complaint dated 28.10.2024 was complainant - Bhagappa Kadagal – Police Constable, Bhatkal Rural Police Station, and Basavaraj DK – CPC-959 were on duty at Shirali check-post, at 9:05 a.m., a Tipper was proceeding towards Murdeshwar. Despite complainant trying to stop it for enquiry, its driver sped away. He noted its registration number was KA-20-B-9960 and water was dripping from its loading bucket, indicating that it was transporting sand. Complainant chased it and found it entering compound of JSW Steel mart at Bhatkal. 4. On checking, he found it was carrying sand. On enquiry, petitioner no.1 that there was no permit. Complainant informed Rannagowda Patil, Police Sub-Inspector (‘PSI’), who informed that he would come within five minutes. Meanwhile, an unknown person assaulted complainant, pushed him aside, entered vehicle, after asking driver to go out of vehicle, unloaded sand and drove it away. Same was videographed by complainant using his mobile phone and informed to PSI. On enquiry, he came to know that person who had assaulted him and prevented him from performing his duty was Noorulla Hassan (accused no.3), and names of driver and cleaner were - 4 - NC: 2025:KHC-D:2199 CRL.P No. 103792 of 2024 Bhaskar and Manoj (accused no.1 and 2) respectively. Complainant alleged that accused were illegally extracting and transporting sand, without any valid permit transportation for personal gain, by causing damage to environment and in process had by use of criminal force obstructed public servant from performing his duties. Based on same, Crime no.138/2024 was registered by Bhatkal Rural Police for aforesaid offences. 5. It was submitted as per complaint it was accused no.3, who had unloaded and took vehicle. And there were no specific allegations against petitioners, especially as accused no.3 had forced petitioners to get down from tipper before assaulting complainant. On above grounds, sought for grant of anticipatory bail. 6. On other hand, Smt.Girija S. Hiremath, learned HCGP for respondent – State opposed petition. It was submitted when complainant was on duty at Shirali Check-post and tried to stop Tipper bearing no.KA-20/B-9960 for checking, its driver - accused no.1 drove it without stopping. After chasing it to JSW Steel Mart compound and enquiring about it being loaded with sand without permit, in violation of MMDRA, complainant - 5 - NC: 2025:KHC-D:2199 CRL.P No. 103792 of 2024 informed PSI. But, accused pushed him away, unloaded tipper and drove it away, which was videographed by complainant. It was submitted, prosecution had also recovered CC Camera footage. Said material would implicate accused. Besides, investigation was still in progress and presence of petitioners for custodial interrogation was necessary to ascertain other details. It was submitted, in case of grant of bail, petitioners were likely to commit similar offences. On said grounds opposed petition. 7. Heard learned counsel. 8. From above, point that arises for consideration is: “Whether petitioners are entitled for anticipatory bail on conditions?” 9. From above, apprehension of petitioners about imminent arrest for non-bailable offences, is based on registration of Crime no.138/2024 (supra) arraigning petitioners as accused no.1 and 2. 10. Offences alleged against accused are prevention of public servant from performing duty by assault or use of criminal force, punishable under Section 132 of BNS with - 6 - NC: 2025:KHC-D:2199 CRL.P No. 103792 of 2024 imprisonment of up to two years; voluntarily causing grievous hurt under Section 121 (1) of BNS with imprisonment of up to five years; theft under Section 303 (2) of BNS with imprisonment of up to three years and also common intention under Section 3 (5) of BNS; apart from, illegal mining under Section 4 of MMDRA, storing and transporting of sand under Section 4 (1A) of MMDRA punishable under Section 21 there of with imprisonment of up to five years and two years respectively. 11. 11. In view of allegation that accused failed to obey instructions to stop vehicle for checking and on being chased down failing to keep vehicle and its load undisturbed till formal inspection by forcibly emptying tipper and driving it away after assaulting complainant and pushing him aside, that would serious and grave being against State and society. 12. While only overt-acts against petitioners were failing to stop tipper for checking and failure to produce permit, main offence alleged is obstruction caused to public servant from performing his duty, by assault or use of criminal force, which by and large would be against accused no.3. Petitioners - 7 - NC: 2025:KHC-D:2199 CRL.P No. 103792 of 2024 have claimed that they are permanent residents of Manki and without any criminal antecedents, which is not denied or disputed by respondent. That apart, none of offences alleged are punishable with death or imprisonment for life. For aforesaid reasons point for consideration is answered in affirmative, but by imposing conditions as would meet prosecution concerns. Hence, following: ORDER Petition is allowed. Petitioners - accused no.1 and 2 shall be enlarged on bail, in case of arrest in Crime no.138/2024 of Bhatkal Rural Police Station, for offences punishable under Sections 4, 4 (1A), 21 of MMDRA and Sections 132, 121 (1), 303 (2) read with Section 3 (5) of BNS, subject to following conditions: a) Each of petitioners shall individually appear before Investigating Officer within 15 days from date of this order and execute personal bonds for sum of Rs.1,00,000/- with one surety each for likesum. b) They shall appear before Investigating Officer for purpose of investigation, as and when required and co-operate with investigation. - 8 - NC: 2025:KHC-D:2199 CRL.P No. 103792 of 2024 c) They shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. d) It is clarified that view expressed herein are prima facie consideration and shall not be binding or affect final outcome. SD/- (RAVI V.HOSMANI) JUDGE GRD,EM CT:PA LIST NO.: 1 SL NO.: 9