IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7285/2017 BETWEEN:
A.M.POOVAIAH S/O MUDDAIAH AGED ABOUT 61 YEARS R/AT CHIKKAKANAGALU VILLAGE ALURU SIDDAPURA POST VIA SHANIVARSANTHE SOMWARPET TALUK KODAGU DISTRICT – 571 235. …PETITIONER (BY SRI PRASANNA KUMAR P., ADV.) AND:
STATE OF KARNATAKA BY RANGE FOREST OFFICER SHANIVARSANTHE SOMWARPET TALUK KODAGU DISTRICT – 571 235 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN F.O.C. NO.10/2017-18 WHICH HAS BEEN REGISTERED BY RANGE FOREST OFFICER, SHANIVARASANTHE, SOMWARPET TALUK, KODAGU DISTRICT FOR THE OFFENCES P/U/S 33(V), 80, 86 AND 87 OF THE KARNATAKA FOREST ACT AND RULE 25, 43, 154 OF THE KARNATAKA FOREST RULES AND SEC.8 AND 22 OF TREE CONSERVATION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner apprehends arrest by the respondent-R.F.O in F.O.C.No.10/2017-18 in respect of the offences under sections 33(v), 80, 86 and 87 of the Karnataka Forest Act, 1963, Rules 25, 43, 154 of the Karnataka Forest Rules, 1969 and sections 8 and 22 of the Tree Conservation Act, 1976.
3. The allegation is, the accused had cut two standing sandalwood trees and converted them into seven billets. On seeing the forest officials, they disappeared from the spot. However, accused 1 and 2 were arrested along with the tool used for commission of the offence and also sandalwood pieces.
4. Accused Nos.1 and 2 are enlarged on bail by the order of this court in Crl.P.No.6718/2017 dated 5.9.2017.
5. Learned counsel for the petitioner disputes the identity of the third accused and submits that on the basis of the voluntary statement of the arrested accused persons, the petitioner is falsely implicated. He is a senior citizen and a permanent resident of the cause title address. If anticipatory bail is granted, he will appear before the Investigating Officer and co-operate with the investigation.
6. In the light of the above, the petition is allowed. The petitioner is granted anticipatory bail in FOC No.10/2017-18 registered by the respondent-RFO subject to the following conditions.
The petitioner shall appear before the respondent- RFO. The RFO is at liberty to interrogate him. In the event of his arrest, he shall be released on bail in the above case on his executing self bond for Rs.50,000/- with one surety for the likesum. He shall not indulge in identical activities.
Dvr:
Sd/- JUDGE