- 1 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR CRIMINAL PETITION NO.14581 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SRI.NANDISH KUMAR G.K. S/O.KRISHNAMURTHY AGED ABOUT 35 YEARS R/AT GANANGURU VILLAGE K.SHETTAHALLI HOBLI, SRIRANGAPANTA TALUK MANDYA-571 807 2. SRI G.B.KRISHNAMURTHY S/O.LATE BOREGOWDA AGED ABOUT 63 YEARS R/AT GANANGURU VILLAGE K.SHETTAHALLI HOBLI SRIRANGAPANTA TALUK MANDYA-571 807 …PETITIONERS (BY SRI SAGAR A.SHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA BY ARAKERE P.S. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI RANGASWAMY R., HCGP) Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.PC. (FILED UNDER SECTION 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONERS HEREIN AND ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT ARAKERE POLICE STATION IN FIR BEARING CRIME NO.68/2020 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 3(1) OF KARNATAKA MINOR MINERAL CONCESSION RULES (KMMCR) AND SECTIONS 4(1)(1-A), 21(1)(3)(4) OF THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT (MMDR ACT) REGISTERED AS C.C.NO.2413/2021 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SRIRANGAPATTANA. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioners seeking anticipatory bail under Section 438 of Cr.PC. 2. This petition is filed by the petitioner, who are arraigned as accused Nos.9 and 7 respectively under Section 438 of Cr.PC. praying to grant of anticipatory bail in Crime No.68/2020 of Arakere Police Station, pending in CC.No.2413/2021 on the file of the Principal Civil Judge (Jr.Dn.) and JMFC, Srirangapatna, registered for the offences punishable under Rule 3(1) of the Karnataka Minor Mineral Concession Rules, 1994 (for short, 'the - 3 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 KMMC Rules') and Sections 4(1), (1A), 21(1), 21(3), 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the MMDR Act'). 3. A case is also registered against the petitioners herein in CC.No.1311/2021 arising out of same Crime No.68/2020 of Arakere Police Station on the file of the Principal Civil Judge (Jr.Dn.) and JMFC, Srirangapatna, registered for offences punishable under Sections 379, 269, 271 of IPC and Sections 3 and 181 of the Motor Vehicles Act, 1988 (for short, 'the MV Act'). 4. When such being the case, the petitioners herein filed Crl.Misc.No.299/2025 seeking anticipatory bail under Section 438 of Cr.PC. (Section 482 of BNSS) before the Principal District and Sessions Judge, Mandya insofar as the alleged offences punishable under Sections 379, 269, 271 of IPC and Sections 3 and 181 of the MV Act, which came to be rejected on 17.06.2025. However, the petitioners filed Crl.P.No.10700/2025 seeking anticipatory - 4 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 bail before this Court due to dismissal of the bail petition in Crl.P.No.299/2025 registered for the offences punishable mentioned hereinabove both under the provisions of IPC and the MV Act. Thereafter, they filed another petition in Crl.P.No.10877/2025 seeking anticipatory bail prior to approaching the Sessions Court in CC.No.2413/2021 registered for the offences punishable under Rule 3(1) of the KMMC Rules and Sections 4(1), (1A), 21(1), 21(3), 21(4) of the MMDR Act due to the dismissal of the bail petition in Crl.Misc.No.299/2025 to avoid multiplicity of proceedings. 5. Two separate charge sheets were filed by the respondent-Police. After filing the petition in Crl.P.No.10877/2025 (CC.No.2413/2021), this Court vide its order dated 30.07.2025, granted liberty to the petitioners to approach the Sessions Court. In Crl.P.No.10700/2025 (CC.No.1311/2021), this Court vide its order dated 20.08.2025, directed the petitioners to appear before the trial Court on or before 30.08.2025. - 5 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 They were granted anticipatory bail by learned Special Judge in CC.No.1311/2021 for the offences punishable under Sections 379, 269 and 271 and Sections 3 and 181 of the MV Act. Thereafter, the petitioners filed a petition in Crl.Misc.No.656/2025 before the Principal District Judge, Mandya seeking anticipatory bail in CC.No.2413/2021 registered for the offences punishable under Rule 3(1) of the KMMC Rules and Sections 4(1), (1A), 21(1), 21(3), 21(4) of the MMDR Act towards compliance of the direction issued by this Court in Crl.P.No.10877/2025. The said petition came to be dismissed. Hence, the petitioners are before this Court seeking anticipatory bail. 6. Learned counsel for the petitioners submits that the petitioners are innocent and they are falsely implicated in this case. They are law-abiding citizens and there are no criminal antecedents against them. He further contends that Crl.Misc.No.299/2025 was rejected seeking anticipatory bail under Section 482 of BNSS before the - 6 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 Principal District and Sessions Judge, Mandya in C.C.No.1311/2021. 6.1 It is also contended that even before issuing summons/notice to petitioner No.1-accused No.9, he was issued with NBW vide order dated 11.03.2025. Even though there is no mention of summons being served on petitioner No.2-accused No.7, the Court below was pleased to issue NBW against petitioner No.2-accused No.7 on 11.03.2025. 6.2 It is further contended by learned counsel for petitioners that while rejecting the application, the District Court has observed that the petitioners have not mentioned as to why they have not appeared before the jurisdictional Court on 30.08.2025 in terms of the order passed by this Court. 6.3 Learned counsel further contends that accused No.9 was made as an accused in the charge sheet and his name was not initially included in the preliminary - 7 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 investigation while registering an FIR. The petitioners are the sole breadwinner in their family and if they are taken into custody, it would cause great hardship and inconvenience to their family members and would also tarnish the status and reputation of the petitioners and their family. It is also contended that the offences are not punishable with life imprisonment or death penalty. He also contends that the petitioners have not committed any other offences leading to either life imprisonment or death penalty. Therefore, he seeks bail petition to be allowed. 7. Per contra, learned High Court Government Pleader contends that in view of violation of bail condition No.4 of the order passed in Crl.Misc.530/2020, petitioner No.2-accused No.7 cannot be granted bail and moreover, this would be successive bail petition filed by petitioner No.2-accused No.7 under Section 438 of Cr.PC. The bail having been granted to petitioner No.2-accused No.7 earlier and he having violated the terms and conditions of the bail, the second bail petition by the same accused - 8 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 person cannot be entertained and granted. Learned High Court Government Pleader further contends that in view of violation of the terms and conditions of the said bail order, which was earlier granted to petitioner No.2-accused No.7, the NBW has been issued against him. 7.1 Learned High Court Government Pleader further contends that petitioner No.2-accused No.7 was granted bail on 28.08.2020 in Crl.Misc.530/2020 by the Principal District and Sessions Judge, Mandya, for the offences punishable under the provisions of IPC and MMDR Act. However, he has violated the bail condition No.4 of the said order. It is the grievance of the petitioners that even though they approached the Principal District and Sessions Judge, Mandya, in Crl.Misc.No.656/2025 seeking anticipatory bail in CC.No.2413/2021 for the offences punishable under the provisions of MMDR Act, the same was rejected by this Court. 8. I have heard learned counsel for petitioners and learned High Court Government Pleader for respondent- - 9 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 State and perused the orders, which are annexed along with this petition. It is contended by learned counsel for petitioners that petitioner No.1-accused No.9 has already been granted bail for the offences punishable under the provisions of IPC and the MV Act in CC.No.1311/2021. However, his bail petition has been rejected for the offences punishable under the provisions of KMMC Rules and MMDR Act. It is seen that petitioner No.2-accused No.7 has been granted anticipatory bail on 28.08.2020 in Crl.Misc.No.530/2020. However, due to his violation of bail condition No.4, he has been issued NBW. 9. Under the circumstances, considering the submissions of learned counsels for parties, this Court of the opinion that the petition could be allowed insofar petitioner No.1-accused No.9 is concerned for the offences punishable under Rule 3(1) of the KMMC Rules and Sections 4(1), (1A), 21(1), 21(3), 21(4) of the MMDR Act by imposing certain conditions. - 10 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 10. Accordingly, I pass the following: ORDER i) This petition filed under Section 438 of Cr.PC. insofar as petitioner No.1-accused No.9 is partly allowed; ii) Insofar as petitioner No.2-accused No.7 is concerned, this Court does not find favour with the contentions put-forth by learned counsel for petitioners and despite granting bail on the earlier occasion under Section 438 of Cr.PC., petitioner No.2-accused No.7 having violated bail condition No.4 of the bail order, this petition is dismissed as against petitioner No.2-accused No.7. iii) Petitioner No.1-accused No.9 is ordered to be released on bail on executing a personal bond for a sum of Rs.1,00,000/- with one surety for the likesome, in the event of his arrest in CC.No.2413/2021 (Crime No.68/2020 of Arakere Police Station) subject to following conditions: - 11 - HC-KAR NC: 2026:KHC:20615 CRL.P No. 14581 of 2025 a) Petitioner No.1-accused No.9 shall not tamper with prosecution witness in any manner; b) Petitioner No.1-accused No.9 shall appear before the trial Court regularly as and when called upon by the trial Court; c) Petitioner No.1-accused No.9 shall not commit any similar offence in the future. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 3