B.N. Veeresh and Others vs State of Karnataka

P.S. Dinesh Kumar, J—These petitions are filed under Section 438 of Cr.P.C. praying for grant of anticipatory bail in the event of arrest in Crime No. 77/2015 of Karatagi Police Station, Gangavathi Taluk, for offences punishable under Sections 379 of IPC and Section 42 of MMDR Act 1994 and Under Section 4(1) and 4(1A) of MMRD Act 1957.

Heard Sri Anand R. Kolli, Sri M.H. Patil, Sri Laxman T. Mantragani and Sri P.G. Mogali, learned counsel appearing for the petitioners in respective petitions and Sri K.S. Patil, learned Government Pleader for the respondent.

Learned counsel for the petitioners submit that this is a matter in which the revenue officials in a raid have seized 23 lorries on the allegation that these lorries were involved in illegal sand mining. Two-earth moving equipments were also seized.

Learned counsel for the petitioners further submit that the entire case of the prosecution is a make believe one and as a matter of fact, there was no activity going on in the alleged place at the material time and this case is registered for statistical purposes. Accordingly, they pray for allowing these petitions on any stringent condition that this Court may feel expedient.

On the other hand, learned High Court Government Pleader submits that these are the cases in which the petitioners are involved in illegal mining and transportation of sand. The sand being a national asset, the petitioners are not entitled for any anticipatory bail and accordingly, prays for dismissal of these petitions.

These matters were heard by this Court on several dates. The Deputy Commissioner, Koppal, Tahsiladar, Karatagi, Senior Geologist, Koppal, Revenue Inspector from Siddapur, were present on two earlier dates of hearing. The Deputy Commissioner through the High Court Government Pleader has made available an ''action taken report'' for the Koppal District, to contain the illegal mining and transportation of sand. From the date of filing of the first petition, as on today, nearly one and half months have elapsed and there has been no effort by the respondents to apprehend the petitioners. Today during the course of the hearing, it is submitted at the bar, by the learned High Court Government Pleader that two earth moving equipment and some of the lorries have been released pursuant to directions issued by the learned jurisdictional Magistrate.

On the previous date of hearing, when the Deputy Commissioner was present in the Court, this Court had expressed serious concern towards the manner in which the investigation is being conducted. Particular reference was made to the narration of case in the complaint dated 28/4/2015 stating that the earth moving equipments, manufactured by Hitachi and JCB Companies had escaped in the revere water. This Court had also directed for a preliminary enquiry by the senior level revenue official. Today, during the course of hearing, learned H.C.G.P. has made available a copy of the report dated 25.07.2015 prepared by the Assistant Commissioner, Koppal wherein it is stated that the raiding party had concentrated more in seizing the lorries and in the meanwhile, the earth moving equipments had crossed the river and moved into the adjacent district Ballari. The lapse on the part of the revenue officials has been glossed over, soft peddled and the gravity of mistake has been completely diluted by generously it with an adjective as a ''bona fide mistake'' in the said report.

Be that as it may. The present position is that even after lapse of nearly one and half months, none of the petitioners have been apprehended. State is not serious enough in investigating. It is submitted that earth-moving equipment namely, JCB is released as per the directions of the learned Magistrate.

Learned counsel for the petitioners submit that in similar cases, this Court has granted anticipatory bails. Learned H.C.G.P. does not dispute the same.

In the circumstances, on the ground of parity, these petitioners are entitled to succeed and accordingly, the petitions are allowed. In the result, I pass the following:

ORDER

(i) Petitioners shall surrender before the I.O. of the jurisdictional police station on or before 7th August 2015 between 10:30 a.m. to 04:00 p.m. and in such an event, petitioners shall be released on bail on their executing a personal bond for a sum of Rs. 1,00,000/- each with two sureties for the like sum to the satisfaction of the I.O.

(ii) Petitioners shall not leave the jurisdiction of Koppal district without the prior permission of Jurisdictional Magistrate.

(iii) Petitioners shall mark their attendance in the jurisdictional Police Station on every Friday between 10:30 a.m. to 04:00 p.m. till the chargesheet is filed.

(iv) Petitioners shall make themselves available for interrogation by a police officer as and when required.

(v) Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

(vi) Petitioners shall not involve in any criminal activities nor commit an offence similar to the offence of which he is suspected to have committed.

If the petitioners violate any one of the conditions, the prosecution shall be at liberty to seek for cancellation of bail.

ORDER RE: REPORT OF ASSISTANT COMMISSIONER

Insofar as the report dated 25.07.2015 prepared by the Assistant Commissioner which is submitted to the Deputy Commissioner, Koppal is concerned, prima facie it appears that this is a report prepared in such manner to shield the officials as also the petitioners. The Assistant Commissioner, adverting to the statements of Tahasildar, Deputy Tahasildar, Revenue Inspector, Village Accountant and based on his spot inspection has mentioned in the report that the drivers of the earth moving equipments manufactured by JCB and Hitachi companies suddenly started their respective equipments and moved about 200 to 300 meters to reach the other end of the river and disappeared in the bushes. The lorries were parked in such a position they could not have moved and consequently, the lorries were seized. He has further adverting to the statement of the Revenue Inspector who has apparently stated before the Assistant Commissioner that the earth moving equipments manufactured by JCB and Hitachi companies, belonged to Rudregowda S/o. Channanagowda and Shivamurthi S/o. Siddappa Barsi that they can register cases against those owners and get the earth moving equipments to the police station. The Assistant Commissioner in the concluding paragraphs has held that there is no intentional lapse in leaving the earth moving equipments and consequentially there is no deliberate act of favouritism. He has further justified by stating that such incident has taken place for want of ''coordination'' and ''knowledge''. According to him, this is a simple lapse and there was no intention to allow these two equipments to escape.

In the first place, the statement of the Revenue Inspector with regard to his knowledge about the ownership of the equipments based on the information given by the local citizen speaks voluminous about his mala fide intention to save the earth moving equipments and also their respective owners. Further his reasoning that cases can be registered at a subsequent point of time and equipments could be brought to the Police Station exhibits his poor knowledge in handling akin situations and institution of the criminal prosecution. If these explanation are to be accepted by an officer of the rank of Assistant Commissioner to hold that these are small lapses which have taken place for want of ''coordination'' and ''knowledge'', the least that can be said is that, this report needs to be scraped at once.

When the Deputy Commissioner was present before this Court, it was impressed upon him to take serious action in terms of the ''action taken report'' by the District Administration and to ensure that the illegal mining is contained. Reiterating the same, the Deputy Commissioner is hereby directed to hold an independent preliminary inquiry wholly uninfluenced by the report dated 25.07.2015 submitted by the Assistant Commissioner and take action in accordance with law including initiation of departmental enquiry and criminal prosecution against officers found indicted in the preliminary inquiry and the petitioners herein. Compliance of these directions given to the Deputy Commissioner shall be placed before this Court for further directions.

Time for compliance to complete preliminary inquiry by the Deputy Commissioner is three months from the date of receipt of a copy of this order.

Registry is directed to send a copy of this order to the Deputy Commissioner, Koppal forthwith.

Ordered accordingly.