C. A. MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.369/2018 for the offences punishable under Sections 511 and 188 of IPC, Sections 3 and 5 of the Explosive Substances Act, 1908 and Sections 4(1), 4(1A), 21 and 22 of Mines and (Development and Regulation) Act, 1957.

(2.) The case made out in the suo moto complaint is that on 28.09.2018, a complaint was lodged, mahazar was conducted with respect to stone quarry and certain articles are said to have been seized. It is stated that the police authorities had information regarding quarrying operation using the aid of compressor contractor and preparation was made to blast stone by using explosives in the stone quarry of Late Krishnappa. It is stated that initially police authorities had visited the property of Madesha and came across similar preparation being made in the property in Sy.No.1 of Bebi Betta Kaval Village, Chinakurali Hobli. It is stated in the complaint that holes were drilled for filling up of explosives and compressor tractor, air pipe, drilling jack and iron rods were seized. It is further stated that a Government Order came to be passed on 27.09.2018 whereby there was prohibition with respect to stone quarrying and the learned Senior counsel appearing on behalf of the petitioner states that the Government Order prescribing prohibition is dated 27.09.2018. It is further stated that no explosives as such were seized at the spot and also the competency to initiate proceedings by the police authorities has also been questioned in the light of Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957. It is further contended that it is only insofar as the offence under the IPC is concerned, could the police authorities register a complaint.

(3.) Learned High Court Government Pleader opposes the grant of anticipatory bail.