IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5021/2019 BETWEEN:
Addengada Teja @ Nanjappa, S/o Late. Uthappa, Aged about 51 years, Adhar Furniture, Gonikoppa Town, R/o Devanoor Village, Virajpet Taluk, Kodagu District-571 218.
(By Sri.H.Pavan Chandra Shetty, Advocate) AND:
…Petitioner State of Karnataka, Ponnampet Police Station, Rep: by High Court SPP, High Court of Karnataka Building, Bengaluru-560 001.
(By Sri. K.P. Yoganna, HCGP) …Respondent This Criminal Petition filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.81/2019 of Ponnampet Police Station, Kodagu for the offence p/u/s 71(A), 80, 104 (A) of Karnataka Forest Act and U/s. 127-A, 165 of Karnataka Forest Rules and Section 379 of IPC, 1860.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Respondent- Police have registered a case in Crime No.81/2019 for the offences punishable under Sections 71A, 80, 104(A) of Karnataka Forest Act and Sections 127A, 165 of Karnataka Forest Rules and Section 379 of IPC.
3. The allegations made in the FIR are that, a lady by name Smt.A.Leena Mandanna of Byramunda Village, Balele, Kodagu has lodged a complaint stating that, she has a Coffee Estate in Survey No.138/5 of Byramunda Village, Virajpet Taluk. In the said estate, she has sold certain Silver Oak trees to one Kalichanda Noban and to the present petitioner about two months prior to the lodgment of the complaint. About three days prior to the lodging of the complaint, she visited the said estate along with police on the allegations that, some rosewood tree was cut and removed by the accused persons. Then only complainant came to know that, in the said estate while cutting and removing the silver Oak trees, rosewood tree was also cut and removed by the accused persons. On these allegations, a complaint came to be lodged and the police have registered the case.
4. The records disclose that, name of this petitioner does find a place in the complaint. Further added to that, it is not clear whether by oversight accused persons have removed the rosewood tree or intentionally they have committed this offence, has to be ascertained during the course of trial. Perhaps, the name of this petitioner included along with Kalichanda Noban, who alleged to have purchased the silver Oak trees from the complainant. In the above said circumstances, in my opinion, offences are not exclusively punishable either with death or imprisonment for life and in the factual matrix of the case, it is not clear that, as to what exactly the offence committed by this petitioner. Hence, petitioner is entitled to be enlarged on bail.
Under the above facts and circumstances of the case, I proceed to pass the following ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.81 of 2019 of Ponnampet Police Station, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned jurisdictional Court.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE SB