IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MAY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8732/2018 BETWEEN:
GANGADHARAIAH @ GANGANNA AGED ABOUT 55 YEARS S/O.KATAIAH, SONDENAHALLI GOLLARAHATTI, GODEKERE POST SHETTIKERE HOBLI CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT-572 214 ...PETITIONER (BY SRI VINAYA KEERTHY M., ADVOCATE) AND:
STATE BY CHIKKANAYAKANAHALLI POLICE TUMAKURU DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT BENGALURU-560 001 ...RESPONDENT (BY SRI DIVAKAR MADDUR M., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO GRANT BAIL FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 353, 504, 506, 379 OF IPC AND SECTIONS 24 AND 62 OF KARNATAKA FOREST ACT IN CRIME NO.37/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.37/2018 of Chikkanayakanahalli Police Station. The petitioner and other accused were charge sheeted in the said case for the offences punishable under Sections. 143, 147, 148, 353, 504, 506, 379 read with 149 of IPC and Sections 24(E) and 62 of Karnataka Forest Act, 1963.
2. It is alleged that on 18/02/2018 at 8.30 a.m., C.W.1 and C.W.2, the forest officials intercepted the accused and others when they were smuggling the firewood in Theertharampura Reserve Forest Area. It is further alleged that when C.W.1 and C.W.2 tried to apprehend the accused, they assaulted C.W.1 and C.W.2, obstructed them from discharging their duties and criminally intimidated them.
3. It is alleged that accused tore the uniform of C.W.1. Accused Nos.6 and 8 snatched the mobile phone of C.W.2 and deleted the video record content of the crime.
4. The investigation is already completed. The incriminating materials are already seized. Except for trial, the detention of the petitioner is not required for any other purpose. The offences are not punishable with death or imprisonment for life.
5. Petitioner is in judicial custody since 20/10/2018.
This Court on 10/04/2019 in Criminal Petition No.155/2019 has granted anticipatory bail to accused No.3 and accused Nos.7 to 12. Therefore parity applies.
6. Under the circumstances, the petition is allowed.
Petitioner is granted bail in Crime No.37/2018 of Chikkanayakanahalli Police Station, subject to the following conditions:
1) Petitioner shall execute personal bond for Rs.1,00,000/- and furnish one surety in the likesum to the satisfaction of the trial Court.
2) He shall appear before the investigating officer/Court as and when required for investigation/trial.
3) He shall not tamper the prosecution witnesses in any manner.
4) He shall not indulge into any unlawful activities.
Sd/- JUDGE Msu