RAMAKANT Y.HULLAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has been arrayed as accused No.7 in the final report submitted in R.C.19(A)/2011 for offences punishable under sections 120B r/w 379, 420, 427 & 447 IPC and also for an offence punishable under section 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, 'the P.C.Act'). He has been in judicial custody from 05.06.2013. He has sought for bail.

(2.) THE aforestated final report is the outcome of investigation conducted in pursuance of the orders of Supreme Court dated 23.09.2011 in Special Leave (Civil) 7366 7367 and connected matters reading as hereunder: "(iii) Vide the said report of CEC, it is further pointed out to this Court that massive illegal mining by a third party was being done in mining lease No.1111 of M/s.NMDC. That, despite various complaints to the numerous authorities in the State of Karnataka by M/s.NMDC no steps were taken to prevent that third party from resorting to massive illegal mining in mining lease No.1111 of M/s.NMDC till this court banned mining. These complaints were made against the third party, namely, M/s.Deccan Mining Syndicate ("DMS" for short) for encroaching into M/s.NMDC's mining lease area. Even the complaint lodged by M/s.NMDC against M/s.DMS to the Police Circle Inspector, Sandur on 10.07.2009 was interpolated (See Annexure R 1 to the Report being letter dated 15.09.2011 by M/s.NMDC Limited to CEC). We also want CBI to investigate the above illegalities including encroachment by M/s.Deccan Mining Syndicate in the area leased out to M/s.NMDC."

(3.) IN brief, the allegations made against petitioner (accused No.7) in chargesheet and annexed documents are as follows: