IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.2564 OF 2019 BETWEEN 1. RAMESH AGED 22 YEARS, S/O RAJA, RESIDENT OF VIRUPINAGOPPA, KOTEGANGURU POST SHIMOGA TALUK AND DISTRICT - 577 201.
2. HARISH AGED 24 YEARS, S/O RAJA RESIDENT OF VIRUPINAGOPPA, KOTEGANGURU POST SHIMOGA TALUK AND DISTRICT - 577 201.
... PETITIONERS (BY SRI SHAMS AHMED PATHAN, ADVOCATE) AND 1. STATE OF KARNATAKA BY RANGE FOREST OFFICER CHITRADURGA SUB DIVISION, CHITRADURGA - 577 501 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA PREMISES AMBEDKAR VEEDHI, BANGALORE - 560 001.
... RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME/FOC NO.04/2018-19 (S.C.NO.113/2018) OF RFO, CHITRADURGA DIVISION, CHITRADURGA FOR THE OFFENCES P/U/SS.24, 62, 84, 86 & 87 OF KARNATAKA FOREST ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and perused the records.
2. The petitioners are arraigned as accused Nos.3 and 4. It is the case of the prosecution that on receiving credible information the respondent-Forest Officials had been to Survey No.26 situated in Jogimatti Forest Area in Chitradurga taluk and there they found five persons cutting and removing sandalwood trees, grown in the said forest area. On seeing the Forest Officials, the accused persons ran away, however accused No.1-Murgesh was caught hold by them. On enquiry, they came to know the names and addresses of these petitioners. From the spot, they recovered sandalwood billets weighing about 13 KG, axe, chopper, pickaxe.
3. The identity of these petitioners is made by accused No.1 only. It is contended by learned counsel for the petitioners that the petitioners are in jail since nine months and in fact they were arrested from their house. As rightly contended that during the course of trial, the prosecution has to establish that these petitioners were actually present at the spot and ran away on seeing the Forest Officials. The identity of the accused should be made during the course of the trial. In the above said circumstances, in my opinion, particularly under Section 439 of Cr.P.C., the petitioners are to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. The petitioners (accused Nos.3 and 4) shall be released on bail in connection with Crime/FOC No.04/2018-19 (S.C. No.113/2018) of RFO, Chitradurga, registered against them, for the offence under Sections 24, 62, 84, 86 and 87 of Karnataka Forest Act, subject to the following conditions:
1. The petitioners shall execute their personal bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the jurisdiction court.
2. The petitioners shall not in any manner directly or indirectly, indulge in threatening or tampering the prosecution witnesses.
3. The petitioners shall not indulge in further committing or repeating any such offences or indulge in any criminal activities.
It is made clear that if any of the conditions stipulated above are violated; State is at liberty to move for cancellation of bail before the concerned committal or trial court as the case may be.
Sd/- JUDGE Sbs*