IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6986 OF 2019 Between:
George M.A., S/o. Late Abraham, Aged about 52 years, Occ: Business, R/o. Chowdlu Village, Somwarpet Taluk, Kodagu District.
(By Sri. Chadramouli H.S., Advocate) And:
The State of Karnataka By the Range Forest Officer, Somwarpet Range, Kodagu District-571236.
Represented by The State Public Prosecutor, High Court Buildings, High Court of Karnataka, Bengaluru-560001.
(By Sri. Rohith B.J., Advocate) ... Petitioner …Respondent This Criminal Petition is filed under Section 438 Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in FIR No.249/2019 (FOC No.29/2019-20) for the offence punishable under Sections 2(79), 50, 71(A-G), 80, 104-A, 104(c) of Karnataka Forest Act, 1963 and Rules 127-A, 144, 163 and 165 of Karnataka Forest Rules, 1969.
This Criminal Petition coming on for orders this day, the court made the following:-
ORDER Heard the learned counsel for the petitioner and the High Court Government Pleader for respondent- State and perused the records.
2. The brief facts of the case are that the Range Forest Officer, Somwarpet has registered a case in FIR.No.249/19 (FOC No.29/2019-20) for the offences punishable under Sections 2(79), 50, 71(A-G), 80, 104-A, 1-4(c) of Karnataka Forest Act, 1963, Rules 127-A,144, 163 & 165 of Karnataka Forest Rules, 1969. The Range Forest Officer visited the premises of the petitioner who has been running a small scale industry and found beete logs and other materials.
On the credible information that the petitioner is cutting the beete logs into sizes for the purpose of preparing furniture and other wooden articles. On inspecting the said premises they observed that some people who were cutting the wooden logs into sizes ran away from the spot. The accused appears to be the owner. He was present and he has produced some documents regarding permission to have possession of some wooden materials and on seeing the same, the Range Forest Officer has further asked whether he has got licence or permission to hold such wooden logs or pieces of beetle logs etc. The petitioner told that he would bring the licence and permission and thereafter he did not go and hand over the same and he absconded himself. The Range Forest Officer has seized all the materials i.e., wooden size cuttings in the said small scale industry and seized them and lodged a complaint against the petitioner.
3. It is an admitted fact that the petitioner has been running a small scale industry. He has got licence and permission. The cutting of the logs into small sizes without permission or licence from the Government is the only offence alleged against him. Sections 104-A and 104-C which was invoked by the Range Forest Officer are presently doubtful that whether they are attracted or not. Section 104-A deals with restrictions on trade and transport of block wood or Bite trees and timber thereof. Sub- section (2) of the said Section says that no person shall sell or otherwise dispose of any such tree or timber to any person other than the State government or the aforesaid officers. Therefore, mere possession of the above said articles does amounts to an offence without licence or permission, the same has to be established during the course of full fledged trial. When the provisions of Section 104-A and 104-
C is applicable, then Section 104-D of the Karnataka Forest Act is also applicable to the said case. Therefore when the recovery has already been made and the accused has produced permit licence to the Investigating Officer in order to complete investigation and the offences are not punishable either with death or imprisonment for life and as there are no bad antecedents against the accused, the accused is entitled to be enlarged on bail. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with FIR.No.249/2019 (FOC No.29/2019-20) in the event of his arrest for the alleged offences subject to the 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 his personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
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 prior permission of the Investigation Officer, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Sd