Karnataka High Court
CRL.P/14491/2026 of SRI. ANTHONY J Vs THE STATE OF KARNATAKA, on 5 October 2026
CNR: KAHC010647482026 NC: 2026:KHC:55328 CRL.P No. 14491 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14491 OF 2026 BETWEEN: 1. SRI ANTHONY J S/O LATE JOSEPH AGED ABOUT 48
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 14491 OF 2026
BETWEEN:
1.
SRI ANTHONY J
S/O LATE JOSEPH
AGED ABOUT 48 YEARS
RESIDENT OF DOOR NO.20
CHAMARAJPET, ANDERSONPET
POST, KGF - 563 113.
2.
SRI REGAN
S/O LATE JOSEPH
AGED ABOUT 42 YEARS
RESIDENT OF DOOR NO.20
CHAMARAJPET
ANDERSONPET POST
KGF - 563 113.
…PETITIONERS
(BY SRI G. ANBARASU, ADV.)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY THE POLICE
SUB-INSPECTOR, ANDERSONPET
POLICE STATION, KGF
THROUGH THE STATE PUBLIC
PROSECUTOR, HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
…RESPONDENT
(BY SRI CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS)
PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN
THE EVENT OF ARREST IN CR.NO.93/2026 REGISTERED BY THE
RESPONDENT IN ANDERSONPET P.S., FOR THE OFFENCES P/U/S
4(1),21(1),4 OF MMDR ACT, 1957, U/S 303(2) OF BNS, 2023,
Digitally
signed by
NANDINI M S
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
PENDING BEFORE THE HONBLE III ADDL. DISTRICT AND SESSIONS
JUDGE, AT KOLAR (SITTING AT K.G.F)
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
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ORAL ORDER
Accused Nos.2 & 3 in Crime No.93/2026 registered by Andersonpet Police Station, K.G.F for the offences punishable under Section 4(1), 21(1), 4 of Mines and Minerals Regulation of Development Act, 1957 and Section 303(2) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.93/2026 was registered by Andersonpet Police Station, K.G.F for the aforesaid offences against Disilva and the petitioners herein, based on the first information dated 13.08.2026 received from Honne Gowda M.P., Police Officer attached to Andersonpet Police Station, K.G.F. Apprehending arrest in the case, the petitioners had filed Crl.Misc.No.823/2026 before the jurisdictional Sessions Court,
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which was rejected on 31.08.2026. Therefore, they are before this Court.
4. A reading of the first information would reveal that, on 13.08.2026 at about 07:00 p.m., based on credible information, the first informant raided the spot where the accused persons had extracted gold mixed soil behind Mysore Mines Mill and had stocked the same in eight gunny bags. According to the prosecution, after seeing the Police, the accused persons managed to escape. Thereafter, the eight gunny bags in which the gold mixed soil was stocked by the accused persons were seized under a Panchanama and FIR was registered against the petitioner and others. The maximum punishment for the alleged offences is imprisonment for a period of 3 years. The petitioner has undertaken to co-operate with the Police for the purpose of investigation. The gunny bags in which the gold mixed soil was stocked have already been recovered in the present case. Accused no.1 has been granted anticipatory bail by this Court in Crl.P.No.14275/2026 disposed of on 28.09.2026.
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5. Under these circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following :
O R D E R
i) The criminal petition is allowed. ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.93/2026 registered by Andersonpet Police Station, K.G.F for the offences punishable under Section 4(1), 21(1), 4 of Mines and Minerals Regulation of Development Act, 1957 and Section 303(2) of BNS, 2023, subject to the following conditions:
a) The petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.
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b) The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
c) The petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.
d) The petitioners shall not involve in similar offences in future.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 81