- 1 - HC-KAR CNR: KAHC010535852026 NC: 2026:KHC:46011 CRL.P No. 11701 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11701 OF 2026 BETWEEN: SRI K.R. SHIVANNA S/O RANGAPPA AGED ABOUT 55 YEARS R/AT KYADIGUNTE VILLAGE CHALLAKERE TALUK - 577 538 CHITRADURGA DISTRICT. …PETITIONER (BY SRI SIDDARAMAIAH V.B, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY CHITRAHALLI G ATE POLICE STATION HOLALKERE TALUK - 577 557 CHITRADURGA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALROE - 560 001. 2. SMT. ROOPA AGED ABOUT 35 YEARS FATHER NAME AND HUSBAND NAME NOT KNOWN TO PETITIONER GOVERNMENT GAZETTED OFFICIAL DMG OFFICE CHITRADURGA TOWN CHITRADURGA - 577 501. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1 & R-2) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER HEREIN BY DIRECTING THE RESPONDENT NO.1 CHITRAHALLI GATE P.S. HOLALKERE TALUK, CHITRADURGA DIST. FOR THE ALLEGED Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010535852026 NC: 2026:KHC:46011 CRL.P No. 11701 of 2026 OFFENCE P/U/S 36,42,3 OF KARNATAKA MINOR MINERAL CONSISTENT RULE 1994, U/S 21,4(1),4(1A) OF MINES AND MINERALS REGULATION OF DEVELOPMENT ACT 1957 AND U/S 329(3),303(2) OF BNS 2023 ON THE COMPLAINT OF THE 2ND RESPONDENT ROOPA, PENDING ON THE FILE OF THE COURT OF ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT HOLALKERE, CHITRADURGA DIST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Learned Addl. SPP accepts notice on behalf of respondent no.2. 2. Petitioner, who is apprehending arrest in Crime No.108/2026 registered by Chitrahalli Gate Police Station, Chitradurga District, for the offences punishable under Sections 36, 42, 3 of the Karnataka Minor Mineral Consistent Rules, 1994, Sections 21, 4(1), 4(1A) of the MMDR (Mines and Minerals Regulation of Development) Act, 1957, and Sections 329(3), 303(2) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, is seeking anticipatory bail. 3. Heard the learned Counsel for the parties. - 3 - HC-KAR CNR: KAHC010535852026 NC: 2026:KHC:46011 CRL.P No. 11701 of 2026 4. FIR in Crime No.108/2026 was registered by Chitrahalli Gate Police Station, Chitradurga District, for the aforesaid offences against Mukundha and others, based on the first information dated 17.06.2026 received from respondent no.2. 5. It appears that during the course of investigation of the said case, petitioner had received an inquiry notice and apprehending arrest, he had approached the jurisdictional Sessions Court in Crl. Misc. No.743/2026 which was rejected on 22.07.2026. Therefore, petitioner is before this Court. 6. Perusal of the material on record would go to show that petitioner's name is not found in the FIR. The allegation in the first information is that accused persons named in the FIR had illegally stocked green quartz mineral stone. 7. It is not in dispute that petitioner has no criminal antecedents and he is said to be an agriculturist by avocation. He has undertaken to co-operate with the police for the purpose of investigation. Considering the nature of allegations found in the FIR and also the fact the petitioner's name is not - 4 - HC-KAR CNR: KAHC010535852026 NC: 2026:KHC:46011 CRL.P No. 11701 of 2026 found in the FIR, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be considered affirmatively subject to appropriate conditions. Accordingly, the following order: 8. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.108/2026 registered by Chitrahalli Gate Police Station, Chitradurga District, for the offences punishable under Sections 36, 42, 3 of the Karnataka Minor Mineral Consistent Rules, 1994, Sections 21, 4(1), 4(1A) of the MMDR (Mines and Minerals Regulation of Development) Act, 1957, and Sections 329(3), 303(2) of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. - 5 - HC-KAR CNR: KAHC010535852026 NC: 2026:KHC:46011 CRL.P No. 11701 of 2026 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK