IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.7147 OF 2017 BETWEEN:
GURURAJ AGED ABOUT 22 YEARS S/O SEENA NAIK R/O BOBBARYA JEDDU MANCHATTU VILLAGE HUNCHI KATTE POST KUNDAPURA TALUK UDUPI DISTRICT – 576 227.
... PETITIONER (BY SRI SANDESH SHETTY, ADV.) AND:
SHANKAR NARAYANA R.F.O. THE STATE OF KARNATAKA REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA PIN – 576 227.
... RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.20/2017-18 OF RANGE FOREST OFFICE, UDUPI DISTRICT FOR THE OFFENCES P/U/Ss.71(a), 84, 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 This petition is filed by the petitioner – accused under Section 439 of Cr.P.C. seeking to release the petitioner on bail of the alleged offences punishable under Sections 71(A), 84, 86 and 87 of Karnataka Forest Act, 1963 registered in respondent – Police Station Crime No.20/2017-18.
2. Brief facts of the prosecution case is as per the complaint allegations that on 03.08.2017 at 7.00 p.m., the petitioner was transporting the sandalwood in Macchattu Hemmannu towards Rattadi side road in the bike bearing Reg.No.KA-20U-6915 without appropriate licence. The further allegation is that the sandalwood was on transit when it was seized. Then the petitioner was arrested and he was taken to custody. On the basis of the said complaint, FIR came to be registered as against the present petitioner.
3. Heard the arguments of the learned counsel appearing for the petitioner and also the learned HCGP for the respondent – State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
5. The allegation of the prosecution is that the petitioner was transporting sandalwood billets weighing 5.1 kilograms in his motor bike Hero Honda. He was caught red handed and the sandalwood billets were seized from his possession. But petitioner contended that there is a false implication. He was not at all involved in committing said offences and is ready to abide by any reasonable conditions to be imposed by the Court.
6. Even according to the prosecution, said sandalwood billets have been already seized in the mahazar in the presence of punch witnesses. At this stage, there is nothing further to be seized from his possession. The alleged offences are not exclusively punishable with death or imprisonment for life. Petitioner contended that since from the date of arrest he is in custody. By imposing reasonable conditions he may be admitted to regular bail.
Accordingly, petition is allowed. Petitioner – accused is ordered to be released on bail of the offences punishable under Sections 71(A), 84, 86 and 87 of Karnataka Forest Act, 1963 registered in respondent – Police Station Crime No.20/2017-18, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE ca