IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.834/2019 BETWEEN :
Ashwak @ Ahammed Khan S/o Ajeej Khan Aged about 45 years R/o Chikkanalu Tippu Nagara Hassan Town, Hassan-573 201.
(By Sri Girish B. Baladare, Advocate) AND :
State by Extension P.S. Hassan, Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) … Petitioner … Respondent 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 Crime No.44/2003 registered by the Hassan Extension Police Station, Hassan, for the offences punishable under Sections 379, 511 of IPC r/w. Sections 86, 87 of Karnataka Forest Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in Crime No.44/2003 of Hassan Extension Police Station for the offences punishable under Sections 379, 511 of IPC r/w. Sections 86, 87 of Karnataka Forest Act, pending on the file of III Additional Civil Judge and JMFC at Hassan in CC.No.2384/2014.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 10.4.2003 in between 11.30 pm. and 12.00 a.m. one Nagaraju along with Papu had visited their agricultural land and they noticed some persons cutting down sandal wood trees and they caught hold of one person by name Raju and another person by name Ashwak @ Ahamad Khan ran away from the place. A complaint came to be registered against the accused persons and after investigation the charge sheet has been filed.
4. It is the submission of the learned counsel for the petitioner that the petitioner-accused No.2 is innocent and has not committed any offence. Only on the basis of the voluntary statement of accused No.1, he has been implicated in the said case. He further submitted that already accused No.1 was tried and he has been acquitted of the offences levelled against him. He further submitted that the petitioner was not aware of the registration and pendency of the case. Only after acquittal of accused No.1 he came to know about the pendency of the case. He further submitted that the alleged offences are not punishable with death or imprisonment for life. Petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition by granting anticipatory bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that petitioner is absconding since 2003 and even it has become difficult for the Court to secure the presence of the petitioner. He is an absconded accused and a split up case has been registered and therefore, the petitioner has not made out a case to release him on bail. Hence, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the complaint and other material, it discloses the fact that the petitioner was cutting down the sandal wood trees in the field of one Nagaraj along with accused No.1 who has been apprehended and disclosed the name of the petitioner accused No.2. Whether the petitioner was involved in the crime or not that is a matter which has to be considered and appreciated only at the time of trial. It is the submission of the learned counsel for the petitioner that accused No.1 was tried for the alleged offences and he has been acquitted of the said offences. The alleged offences are not punishable with death or imprisonment for life. Though there is an inordinate delay in approaching the Court, if the petitioner is ordered to be released on anticipatory bail by imposing the condition that he should appear before the trial Court and face the trial, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioner-accused No.2 is granted anticipatory bail. In the event of his arrest in Crime No.44/2003 of Hassan Extension Police Station for the offences punishable under Sections 379, 511 of IPC r/w. Sections 86, 87 of Karnataka Forest Act, pending on the file of III Additional Civil Judge and JMFC at Hassan in CC.No.2384/2014, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall appear before the trial Court within fifteen days from today.
iii) He shall not tamper with the prosecution evidence in any manner.
iv) He shall be regular in attending the trial.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
vi) He shall mark his attendance on 1st of every month before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the trial is completed.
Sd/- JUDGE *ck/-