IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4907 OF 2019 BETWEEN:
1. K.M.NOBAN, S/O LATE MANDAIAH, AGED 58 YEARS, R/AT PALLERI, K-BADAGA VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT – 571 218.
2. P.S.RAJENDRA @ RAJA, AGED 54 YEARS, S/O LATE SUKUMARA PILLAI, R/AT BEHIND P.N.M.HOSPITAL, GONIKOPPAL TOWN, VIRAJPET TALUK, KODAGU DISTRICT – 571 218.
3. B.DAVOOD @ DAVUD, AGED 45 YEARS, S/O LATE BABASAHEB, DRIVER, R/AT CHENNANGOLLI VILLAGE, GONIKOPPAL, VIRAJPET TALUK, KODAGU DISTRICT – 571 218.
4. P.S.AIYAPPA, AGED 26 YEARS, S/O SOMANNA, R/AT PALLERI, K-BADAGA VILLAGE, AND:
VIRAJPET TALUK, KODAGU DISTRICT – 571 218. (BY SRI.T.A.KARUMBAIAH, ADV.,) ... PETITIONERS STATE OF KARNATAKA, BY GONIKOPPAL POLICE, GONIKOPPAL, VIRAJPET TALUK, KODAGU DISTRICT – 571 218. REPRESENTED BY S.P.P., HIGH COURT COMPLEX, BENGALURU – 01.
(BY SRI.K.P.YOGANNA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITONER ON BAIL IN CR.NO.66/2019 REGISTERED BY GONIKOPPA POLICE STATION, KODAGU FOR THE OFFENCE P/U/S 104A, 24, 71(A) AND 80 OF KARNATAKA FOREST ACT AND RULE 144 AND 165 OF KARNATAKA FOREST RULES AND SECTION 379, 420, 465, 489, 468 AND 471 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard learned counsel for the petitioners and the learned HCGP for the respondent - State. Perused the records.
2. Petitioners are arraigned as accused Nos.1 to 4 in Crime No.66/2019 on the file of Gonikoppal Police for the offences punishable under Sections 104A, 24, 71A and 80 of Karnataka Forest Act and Sections 144 and 165 of Karnataka Forest Rules and also under Sections 379, 420, 465, 489, 468 and 471 of IPC.
3. The allegations made against the petitioners and other accused persons are that while one Sri.K.Nagesh, Police Inspector attached to DCIB., Madikeri, was on his beat duty, he received a credible information that accused No.1 ie., petitioner No.1 herein along with other accused persons transporting logs of timber in Nalkeri-Badaga village. The said logs of timber loaded in a lorry covered by sawdust without any authority. Accused No.1 along with other accused persons when transporting the said logs, was intercepted by the police by conducting a raid and recovered those logs of timber and on that basis a complaint came to be lodged. During the course of investigation the police suspecting that accused No.1 is the person who actually said to have created fake document showing that those logs were purchased by him. Hence, the police seized those articles and those documents.
4. But, as could be seen from the entire materials, it does not state, actually from which place the logs were cut and removed. Whether it was from the forest land or from any Government land or the lands belonged to any patta owner. Further added to that, certain common allegations are made against all the accused persons that they were transporting wooden logs without permission or licene from the Forest Department. Except that, no allegations are made against the accused persons. Accused No.1 has also produced certain documents to show that he has purchased those logs but the same has not been considered by the Investigating Officer as per the submission made by the learned counsel for the petitioners.
5. Looking from the above said facts and the materials available on record, the offences alleged are not punishable either with death or imprisonment for life. The fakeness of documents are to be established during the course of full fledged trial. Learned counsel also produced the order passed by learned II Additional District and Sessions Judge, Kodagu in Crl.Misc.No.5062/2019, wherein, other accused persons ie., accused Nos.5 to 10 were already released on bail under Section 439 of Cr.P.C.
6. As these petitioners have already been arrested and they were produced before the jurisdictional Magistrate and remanded to judicial custody, that shows that they are no more required for further investigation and recovery have already been made. In the above said circumstances, petitioners being in jail, they are entitled to be enlarged on bail on conditions. Hence, the following; ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Cr.No.66/2019 registered by Gonikoppa Police Station, Kodagu, for the offences under Sections 104A, 24, 71(A) and 80 of Karnataka Forest Act Rules 144 and 165 of Karnataka Forest Rules and Sections 379, 420, 465, 489, 468 and 471 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/-(Rs. One lakh only) each with one surety 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 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.
(v) The petitioners shall mark their attendance once in fifteen days i.e., on Sunday for a period of two months or till the charge sheet is filed.
(vi) Petitioners shall not indulge in similar offences.
Sd/-
JUDGE GH