IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8307 OF 2019 Between:
1. Imdadulla Son of Amjadulla Aged 23 years, No.738, Sarayipalya, Sawmill cross Thanisandra main Road, Bengaluru – 560077.
2. Mujahid Son of Amjadulla Aged 23 years, No.738, Sarayipalya, Sawmill Cross Thanisandra main Road Bengaluru – 560077.
(By Sri. Imran Pasha, Adv.,) And:
The State of Karnataka By Jalahalli Police Bengaluru City Rep. by its Government Pleader High Court Complex Bengaluru – 560 001.
(By Sri. Honnappa, HCGP) ... Petitioners …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.41/2015 registered by Jalahalli Police Station, Bengaluru for the offence p/u/s 86 and 87 of Karnataka Forest Act and Section 379 of IPC.
This Criminal Petition coming on for orders this day, the court made the following:-
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the respondent – State. Perused the records.
2. The petitioners are arraigned as accused nos.6 and 7 in C.C.No.28728/2015. The allegations are that on 15.12.2013, accused nos.1 to 7 have cut and removed the sandal wood tree grown in the house No.NA 499, BEL Industry residential area, within the jurisdiction of Jalahalli Police Station. It is seen that on 4.3.2014, the accused were traced and produced before the CW-9, the investigating officer.
He arrested the accused persons in connection with the some other case and recovered some weapons and instruments used for the purpose of commission of the offence. There is no allegation that the recovery has been made from the petitioners. The allegations are that accused nos.5 to 7 have sold the sandal wood in favour of accused no.8. No eye witnesses are available. The case of the prosecution has to be proved during full dressed trial to establish that the accused persons have actually cut, removed and sold the sandal wood to accused no.8. In the above said facts and circumstances, I am of the opinion that the petitioners are to be enlarged on bail under Section 439 Cr.P.C. Hence the following:
O R D E R The petition is allowed. Consequently, the petitioners shall be released on bail in Cr.No.41/2015 of Jalahalli Police Station, Bengaluru for the offences p/u/s 86 and 87 of Karnataka Forest Act and Section 379 of IPC, subject to the following conditions:
i. The petitioners shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioners shall not indulge in tampering the prosecution witnesses.
iii. The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv. The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
Sd/- JUDGE sd