IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6611 OF 2018 BETWEEN:
G.K.BHASKARA S/O LATE KRISHNAPPA GOWDA AGED 46 YEARS R/O GABBALAKAJE HOUSE ALETTY VILLAGE AND POST SULLIA TALUK D.K.DISTRICT – 574 247 ...PETITIONER (BY SRI K.RAVISHANKAR, ADV.) AND THE STATE OF KARNATAKA THROUGH R.F.O., SULLIA SULLIA TALUK, D.K., D.K.DISTRICT – 574 239 S.P.P., HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, 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 FOC.NO.4/2018-19 OF RFO, SULLIA, D.K. FOR THE OFFENCES P/U/S 33(2)(v), 62, 80 AND 104(A) OF KARNATAKA FOREST ACT, 1963 AND RULES 127(A) OF KARNATAKA FOREST RULES, 1969.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in FOC No.4/2018-19 of Sullia Forest Range, Mangaluru Sub-division.
2. It is alleged that petitioner had illegally cut beete trees from the Government Forest land and stored four logs of beete trees in his house for the purpose of selling the same to the second accused. It is further alleged that the complainant seized the same under mahazar.
3. Petitioner apprehends his arrest in the said case. Major offence alleged i.e., under Section 104(A) of Karnataka Forest Act, 1963 against the petitioner carries maximum punishment of imprisonment up-to five years and fine.
4. The incriminating material is already seized.
Except for the trial, detention of the petitioner is not required for any other purpose.
5. The Division Bench of this Court in H.S.Manjunath –vs- State of Karnataka, I.L.R. 1994 KAR 3302 has held that, even for the offence under Section 104A anticipatory bail can be granted.
6. Having regard to these facts, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, petition is allowed.
The petitioner is granted anticipatory bail in FOC No.4/2018-19 of Sullia Forest Range, Mangaluru Sub- division, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.25,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR