- 1 - HC-KAR NC: 2026:KHC:2106 CRL.A No. 1924 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1924 OF 2022 (C) BETWEEN: 1. SRI SUDHAKAR REDDY S/O VEEREGOWDA, AGED ABOUT 59 YEARS, PROPRIETOR OF M/S SRI LAKSHMI NARASIMHASWAMY STONE CRUSHER, K B HOSAHALLI VILLAGE, NARASAPURA HOBLI, KOLAR TALUK-563 133. &APPELLANT (BY SRI. NANJUNDA GOWDA M R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, KOLAR. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU-560 001. &RESPONDENT (BY SRI.JAGADEESHA.B.N., ADVOCATE) THIS CRL.A IS FILED U/S.374(2) CR.P.C PLEASED TO SET ASIDE THE JUDGMENT OF 21.10.2022, PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT KOLAR IN SPECIAL CASE (SAND) NO.173/2019, AND ACQUIT THE APPELLANT, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 4(1-A) R/W SEC.21(1) OF MMRD ACT AND UNDER RULES 3 AND 42 R/W RULE 44(1) OF KMMC RULES. Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2106 CRL.A No. 1924 of 2022 THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Sri.Jagadeesha.B.N, Addl. SPP is present. The application filed under Section 482 of Code of Criminal Procedure to allow the parties to compromise the above case and acquit the appellant for the offence under Section 4(1-A) read with Section 21(A) of M.M.R.D Act and Rules 3 and 42 read with 44(1) of K.M.M.C Rules, 1994. 2. This application is supported with affidavit of Sudhakar Reddy S/o Late Veeregowda, in which he has stated that in order to put an end to the proceedings, he has opted to compound the alleged offences as permitted under law. It is stated that payment has been made in full and final settlement of the alleged offence and no amount is due from him towards royalty, penalty or compounding charges in respect of this present case. He has also - 3 - HC-KAR NC: 2026:KHC:2106 CRL.A No. 1924 of 2022 produced the copy of the letter addressed to the Deputy Director of Mines and Geology Department, Kolar. On all these grounds, sought for allowing this application. 3. The application form for NEFT/RTGS, remittance to Khazane-II is also produced, which reveals that Sudhakar Reddy has remitted the amount of Rs.7,89,300/- to the Account No.125008873795 and another Challan is also produced. It pertains to remittance of Rs.7,83,000/- vide Challan No.MG0123085300000735. 4. In the affidavit, Vishwanatha M.K, Geologist/Authorised Officer, Department of Mines and Geology, Deputy Director Office, Kolar, who is authorised under Section 22 of the Mines and Minerals (Development and Regulations) Act, 1957, has put his signature with endorsement "I agreed for compounding". Even on oral enquiry both parties have agreed for compromise. The alleged offences are compoundable in nature in view of Section 23-A of Mines and Minerals (Development and - 4 - HC-KAR NC: 2026:KHC:2106 CRL.A No. 1924 of 2022 Regulation) Act, 1957. Hence, I proceed to pass the following: ORDER i) The application under Section 482 of Code of Criminal Procedure is allowed and appeal is disposed of. ii) Compromise is recorded. iii) The judgment of conviction and order on sentence passed by the Prl. District and Sessions Judge, Kolar in Special Case (Sand) No. 173/2019 dated 21.10.2022 is set aside. iv) The accused is acquitted for the offence punishable under Section 4(1-A) read with Section 21(1) of MMRD Act, 1957 and under Rules 3 and 42 read with Rule 44(1) of KMMC Rules. v) The accused has already paid the royalty amount of Rs.15,66,000/-. Hence, the deposited fine - 5 - HC-KAR NC: 2026:KHC:2106 CRL.A No. 1924 of 2022 amount of Rs.2,05,000/- shall be returned to the accused with proper identification. vi) The trial Court is directed to return the deposited amount of Rs.2,05,000/- in favour of the appellant with proper identification as per relevant Act and Rules. v) The complainant department is at liberty to dispose of seized materials by a public auction as specified in Chapter VII of Karnataka Minor Minerals Concession Rules, 1994. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 60