- 1 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION No. 3865 OF 2019 C/W CRIMINAL PETITION No. 3870 OF 2019 CRIMINAL PETITION No. 3873 OF 2019 CRIMINAL PETITION No. 4154 OF 2019 CRIMINAL PETITION No. 4160 OF 2019 CRIMINAL PETITION No. 4162 OF 2019 CRIMINAL PETITION No. 4163 OF 2019 CRIMINAL PETITION No. 4172 OF 2019 CRIMINAL PETITION No. 4173 OF 2019 IN CRL.P No. 3865/2019 BETWEEN: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE DEPUTY DIRECTOR OF MINES & GEOLOGY, MANGALURU, D.K., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU. …PETITIONER (BY SMT. SOWMYA R. HCGP) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS AND: 1. MOIDIN KUNHI, AGED ABOUT 50 YEARS, S/O HASAINAR, R/O #2-35, ASSAIGOLI POST, MANJANADY VILLAGE, MANGALURU-575 018. …RESPONDENT (RESPONDENT SERVED) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C BY THE SPP FOR THE STATE PRAYING TO SET ASIDE THE ORDER DATED 27.02.2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE IN CRL.MISC.No.284/2019. IN CRL.P No. 3870/2019 BETWEEN: 1. THE STATE OF KARNATAKA, BY DEPUTY DIRECTOR, DEPARTMENT OF MINES GEOLOGY, MANGALORE. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01. ...PETITIONER (BY SMT. SOWMYA R. HCGP) AND: 1. MRS. HEMALATHA SHETTY, AGED ABOUT 44 YEARS, W/O B. CHANDRASHEKHAR SHETTY, R/AT D No.4-184/A, CHAITHALI NIVASA, S.V.S. COLLEGE ROAD, - 3 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS B. MOODA POST AND VILLAGE, BANTWAL TALUK-574214. REPRESENTED BY HER GPA HOLDER, MR. B. CHANDRASHEKHAR SHETTY, AGED ABOUT 47 YEARS, S/O MAHABALA SHETTY, R/AT D No.4-184/A, CHAITHALI NIVASA, S.V.S. COLLEGE ROAD, B. MOODA POST AND VILLAGE, BANTWAL TALUK-574214. ...RESPONDENT (RESPONDENT SERVED) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C BY THE SPP FOR THE STATE PRAYING TO SET ASIDE THE ORDER DATED 25.01.2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU IN CRL.MISC.No.73/2019. IN CRL.P No. 3873/2019 BETWEEN: 1. THE ASI ROWDY SQUAD, MANGALURU SOUTH SUB DIVISION, MANGALURU. 2. GEOLOGIST, MINES & GEOLOGY DEPARTMENT MANGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-01. ...PETITIONERS (BY SMT. SOWMYA R. HCGP) - 4 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS AND: 1. MR. M. SAYYED, S/O M. AHMED, AGED ABOUT 52 YEARS, R/A GULZAR MANZIL, SHUBHAS NAGAR, NEAR SRINIVAS COLLEGE, PANDESHWARAM, MAGALURU TALUK, DK.-575001. ...RESPONDENT (RESPONDENT SERVED) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C BY THE S.P.P FOR THE STATE PRAYING TO SET ASIDE THE ORDER DATED 08.03.2019, PASSED BY THE PRINCIPAL DISTRICT AND SESSION JUDGE, D.K., MANGALURU IN CRL.MISC.No.330/2019. IN CRL.P No. 4154/2019 BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY DEPUTY DIRECTOR OF MINES & GEOLOGY DEPARTMENT, MANGALORE, THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE-01. ...PETITIONER (BY SMT. SOWMYA R., HCGP) AND: 1. MR. ABDUL SHARIF, AGED ABOUT 45 YEARS, S/O HAJABBA, R/AT D.No. 1-204C, - 5 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS BOLARAJE HOUSE, VALPADY VILLAGE, MANGALURU TALUK, DAKSHINA KANNADA-575001. ...RESPONDENT (BY SRI VIJAYA KUMAR J. M., ADVOCATE) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C BY THE S.P.P FOR THE STATE PRAYING TO SET ASIDE THE ORDER DATED 21.01.2019 PASSED BY THE PRL.DISTRICT AND SESSION JUDGE, D.K. MANGALURU IN CRL.MISC.No.70/2019. IN CRL.P No. 4160/2019 BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY DEPUTY DIRECTOR OF MINES & GEOLOGY, MANGALORE, THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-01. ...PETITIONER (BY SMT. SOWMYA R., HCGP) AND: 1. MR. ABDUL BASHEER MOIDEEN, AGED ABOUT 39 YEARS, S/O MOIDIN KUNHI P A R/AT No.3/28, NEAR MASJID ROAD, MANGALANTHI, MANJANADY VILLAGE AND POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-574001. ...RESPONDENT (RESPONDENT SERVED) - 6 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C BY THE S.P.P. FOR THE STATE PRAYING TO SET ASIDE THE ORDER DATED 06.03.2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRL.MISC.No.299/2019. IN CRL.P NO. 4162/2019 BETWEEN: 1. THE STATE OF KARNATAKA, BY SHO, KANKANADY TOWN P.S., MANGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01. ...PETITIONER (BY SMT. SOWMYA R., HCGP) AND: 1. SMT. POORNIMA, AGED ABOUT 35 YEARS, D/O. DEVAPPA RAI, R/AT D. No. 1-38, GURUMPINARU, PANDUR VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574201. ...RESPONDENT (RESPONDENT SERVED) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C BY THE S.P.P FOR THE STATE PRAYING TO SET ASIDE THE ORDER DATED 11.03.2019 PASSED BY THE PRL.DISTRICT AND SESSION JUDGE, D.K. MANGALURU IN CRL.MISC.No.356/2019. - 7 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS IN CRL.P NO. 4163/2019 BETWEEN: 1. THE STATE OF KARNATAKA DEPUTY DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01. ...PETITIONER (BY SMT. SOWMYA R., HCGP) AND: 1. MR. ABDUL RISVAN P. R., S/O. ABDUL RAZAK B. A., AGED ABOUT 30 YEARS, R/AT MUTHAK MANZIL, DELIKUNNAPURA, BARPE POST, KASARAGOD DISTRICT, KERALA STATE-671121. ...RESPONDENT (RESPONDENT SERVED) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C BY THE SPP FOR THE STATE PRAYING TO SET ASIDE THE ORDER DATED 04.02.2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU IN CRL.MISC.No.138/2019. IN CRL.P NO. 4172/2019 BETWEEN: 1. THE STATE OF KARNATAKA BY DEPUTY DIRECTOR OF MINES & GEOLOGY DEPARTMENT, MANGALURU. - 8 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01. ...PETITIONER (BY SMT. SOWYA R., HCGP) AND: 1. MR. DHANANJAY, AGED ABOUT 33 YEARS, S/O UMANATHA SUVARNA, R/AT No.31/41, KELARAI KODI HOUSE, THIRUVAILU, VAMANJURU, MANGALURU TALUK, D.K.-575001. ...RESPONDENT (BY SMT. VANSHIKA MATHUR, ADVOCATE FOR SRI. SUYOG HERELE E., ADVOCATE) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C BY THE SPP FOR THE STATE PRAYING TO SET ASIDE THE ORDER DATED 08.01.2019 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRL.MISC.No.1365/2018. IN CRL.P No. 4173/2019 BETWEEN: 1. THE STATE OF KARNATAKA BY DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, MANGALURU. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE.01 ...PETITIONER (BY SMT. SOWMYA R., HCGP) - 9 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS AND: 1. MR GANDHARA P. S., AGED ABOUT 33 YEARS, S/O SHIVANNA, R/AT POOMAGAME DUDDA HOBALI, HASSAN TALUK, HASSAN DISTRICT,573 201 KARNATAKA. REPRESENTED BY HIS GPA HOLDER, MR. MOHAMMED NAZEEM, AGED ABOUT 30 YEARS, S/O ABDUL RAHIMAN, R/AT VALAVOOR, THUMBAY POST, TUMBAY VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA.574 211. ...RESPONDENT (RESPONDENT SERVED) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C BY THE S.P.P FOR THE STATE PRAYING TO SET ASIDE THE ORDER DATED 23.01.2019 PASSED BY THE PRL.DISTRICT AND SESSION JUDGE, D.K., MANGALURU IN CRL.MISC.No.49/2019. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 10 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS ORAL ORDER In these petitions, State is challenging orders passed an applications for release of vehicles seized for offences punishable under provisions of Mines and Minerals (Development and Regulation) Act, 1957 (Act) and Karnataka Minor Mineral Concession Rules, 1994 (Rules). 2. Heard Smt.Sowmya R., learned HCGP for petitioner-State and perused material on record. 3. Main ground urged is that conditions imposed by trial Court while passing order for release of vehicle would not meet requirements under Rule 43(8) of Rules. 4. Learned HCGP submitted that this Court in Crl.P.no.3801/2019 [2026:KHC:31770], in similar circumstances modified order, as follows: " Respondent-accused is required to furnish a renewable bank guarantee equal to double value of vehicle as mentioned in seizure panchanama or value assessed or mentioned in surety bond filed by respondent-accused, whichever is higher. Said condition shall be in addition to conditions imposed to be - 11 - HC-KAR CNR: KAHC010154482019 NC: 2026:KHC:36365 CRL.P No. 3865 of 2019 C/W CRL.P No. 3870 of 2019 CRL.P No. 3873 of 2019 AND 6 OTHERS complied within two months from today or within such extended period by learned District Judge." 5. Learned HCGP seeks for disposing of these petitions on like terms. 6. Respondents are served, unrepresented. Consequently, submission made is uncontraverted. 7. As rightly submitted, learned Magistrate erred in not imposing conditions as per Rule 43(8) of Rules. 8. Consequently, petitions are allowed in-part modifying conditions imposed in impugned orders in terms of order passed in Crl.P.no.3801/2019, extracted above. Sd/- (RAVI V HOSMANI) JUDGE MV List No.: 1 Sl No.: 0