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Judgment
V. Srishananda, J
Heard Sri.Praveen Kumar G., learned counsel appearing for Sri.Anand R. Kolli, learned counsel for the petitioner and Sri.P.N.Hatti, learned High Court Government Pleader for the respondent.
Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 'BNSS' for short) in respect of the Crime No.115/2025 registered by the Bevoor Police Station, Yelburga Taluk, Koppal District for the offence publishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023 with the following prayer:
"Wherefore, the petitioner/accused most respectfully prayed that, this Hon'ble Court may be pleased to enlarge the petitioner on anticipatory bail in the event of arrest in connection with Crime No.115/2025 registered by Bevoor Police Station for the offences punishable under Section 303(2) of BNS pending before Prl. Civil Judge and JMFC, Yelburga, Koppal in the interest of justice."
Contents of the complaint would reveal that the petitioner herein who is the owner-cum-driver of the Tractor and Trailer unit bearing No.KA-37/TA-9734 and KA-37/B-2599 was found carrying illegally mined sand.
On interception of the tractor, the owner-cum-driver ran away from the spot and the Tractor and Trailer unit along with the illegally mined sand has been seized by the Bevoor police. Thereafter, based on the enquiry made by the investigation agency, a case came to be registered in Crime No.115/2025.
Petitioner has approached the Sessions Court with a request for grant of anticipatory bail in Crl.Misc.No.320/2025, which came to be dismissed by the learned Principal District and Sessions Judge, Koppal.
Being aggrieved by the same, petitioner is before this Court.
Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contented that the alleged offences are not so grave so as to deny the anticipatory bail.
He would also contend that he is no way responsible for the alleged offences inasmuch as he was only carrying the sand from one place to another place and he did not know that it was illegally mined sand and therefore, sought for grant of anticipatory bail.
Per contra, learned High Court Government Pleader orally opposes the grant of bail by contending that the petitioner has ran away from the spot and he was unable to produce any material on record to show that the sand that was being carried on in the Tractor and Trailer unit was legally mined sand. Therefore, prima facie all the ingredients which are required to attract Section 303(2) of Bharatiya Nyaya Sanhita, 2023 stands established and therefore, sought for rejection of the bail.
Having heard the arguments of both sides, this Court perused the material on record meticulously.
On such perusal of the material on record, it is crystal clear that the Tractor and Trailer unit as mentioned aforesaid, has been seized at the spot as could be seen from the spot-seizure mahazar.
Admittedly, petitioner is the owner-cum-driver of the said Tractor and Trailer unit who ran away from the spot.
Whether at all the petitioner has committed the illegal act or not cannot be decided by this Court at this stage by holding a mini trial.
Taking note of the punishment prescribed for the offence alleged against the petitioner; if the petitioner is directed to join the investigation by appearing before the Investigation Officer and cooperate with the investigation, ends of justice would be met.
Accordingly, following:
ORDER
i. Petition is allowed.
ii. Petitioner is directed to join the investigation by appearing before the Investigation Officer positively on 16.01.2026 at 10.00 a.m.
iii. Investigation Officer is at liberty to take the petitioner to custody and complete the custodial investigation on the same day before 5.00 p.m. Thereafter, the petitioner shall be enlarged on bail by taking a bond in a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the Investigation Officer.
iv. Petitioner shall cooperate with the Investigation Agency in all respects.
v. Petitioner shall attend the Court regularly.
vi. Petitioner shall not leave the jurisdiction of Koppal District without prior permission.
vii. Petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner.
Violation of any one of these conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.