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2026 DAILYLAW 43204 (KAR)

DISILVA @ RAYMOND DISILVA v. STATE OF KARNATAKA

CRL.P/14275/2026 · 2026-09-28

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010628182026 NC: 2026:KHC:53603 CRL.P No. 14275 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14275 OF 2026 BETWEEN: DISILVA @ RAYMOND DISILVA S/O LATE JOSEPH AGED ABOUT 45 YEARS, R/AT NO. 20, CHAMARAJPET, ANDERSONPET POST, KGF TALUK, KOLAR DISTRICT - 563 113. …PETITIONER (BY SRI. CHETHAN A.,ADVOCATE) AND: STATE OF KARNATAKA BY THE STATION HOUSE OFFICER ANDERSONPET POLICE STATION KGF, KOLAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE I.E., ANDERSONPET POLICE KGF TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.93/2026 WHICH IS NOW PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC COURT, KGF FOR THE OFFENCES P/U/S 4(1), 21(1), 4 OF THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010628182026 NC: 2026:KHC:53603 CRL.P No. 14275 of 2026 MMDR (MINES AND MINERALS REGULATION OF DEVELOPMENT) ACT 1957 AND SECTION 303(2) OF THE BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.93/2026 registered by Andersonpet Police Station, K.G.F for the offences punishable under Section 4(1), 21(1), 4 of Mines and Minerals Regulation of Development Act, 1957 and Section 303(2) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.93/2026 was registered by Andersonpet Police Station, K.G.F for the aforesaid offences against the petitioner and others, based on the first information dated 13.08.2026 received from Honne Gowda M.P., Police Officer attached to Andersonpet Police - 3 - HC-KAR CNR: KAHC010628182026 NC: 2026:KHC:53603 CRL.P No. 14275 of 2026 Station, K.G.F. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.823/2026 before the jurisdictional Sessions Court, which was rejected on 31.08.2026. Therefore, he is before this Court. 4. A reading of the first information would reveal that, on 13.08.2026 at about 07:00 p.m., based on credible information, the first informant raided the spot where the accused persons had extracted gold mixed soil behind Mysore Mines Mill and had stocked the same in eight gunny bags. According to the prosecution, after seeing the Police, the accused persons managed to escape. Thereafter, the eight gunny bags in which the gold mixed soil was stocked by the accused persons were seized under a Panchanama and FIR was registered against the petitioner and others. The maximum punishment for the alleged offences is imprisonment for a period of 3 years. The petitioner has undertaken to co- operate with the Police for the purpose of investigation. - 4 - HC-KAR CNR: KAHC010628182026 NC: 2026:KHC:53603 CRL.P No. 14275 of 2026 The gunny bags in which the gold mixed soil was stocked have already been recovered in the present case. 5. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following : O R D E R i) The criminal petition is allowed. ii) 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.93/2026 registered by Andersonpet Police Station, K.G.F for the offences punishable under Section 4(1), 21(1), 4 of Mines and Minerals Regulation of Development Act, 1957 and Section 303(2) of BNS, 2023, subject to the following conditions: - 5 - HC-KAR CNR: KAHC010628182026 NC: 2026:KHC:53603 CRL.P No. 14275 of 2026 a) 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. b) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) The 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. d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 87