IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4085/2019 BETWEEN:
1. Kumara @ Kumaraswamy S/o Mahalingaiah, Aged about 35 years, 2. Shashidhara S/o Thimmaiah, Aged about 28 years, Both are residents of Sondenahalli Village, Shettikere Hobli, C.N.Halli Taluk, Tumakuru District-572214. ……Petitioners (By Sri.G.Pavankumar, Advocate for Sri.Kishore R Advocate for petitioners) AND:
The State of Karnataka, By C.N.Halli Police, Tumakuru.
Rep. by SPP, High Court of Karnataka, Bengaluru-560001. Respondent (By Sri.Rohith B.J., HCGP for R1; R2 is served) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.37/2018 of Chikkanayakanhalli police station, Tumakuru for the offence punishable under Sections 143, 147, 148, 353, 504, 506, 379 read with 149 of IPC and Sections 62, 24(E) of Karnataka Forest Act, 1963.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R 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.4 and 6 respectively in Cr.No.37/2018 of Chikkanayakanhalli police station, Tumakuru for the offence punishable under Sections 143, 147, 148, 353, 504, 506, 379 read with 149 of IPC and Sections 62, 24(E) of Karnataka Forest Act, 1963. Respondent police have filed charge sheet against the petitioners in C.C.No.80/2018 on the file of Prl.Civil Judge and JMFC Court, C.N.Halli, Tumkuru District for the aforesaid offences. The other accused persons particularly accused Nos.3, 7, 8, 9, 10, 11 and 12 have filed the petition for grant of anticipatory bail in Crl.P.No.155/2019 and they were ordered to be enlarged on bail vide order dated 10.04.2019.
3. The brief facts of the case are that on 18.02.2018, the forest officials having received the credible information went to Thirtharampura Forest Range, C.N.Halli Taluk and noticed that one Shankaraiah and Ganganna along with other persons were illegally transporting acacia trees and intercepted them and video graphed the said situation. The accused persons attacked the said officials and abused them in filthy language and assaulted them.
4. Looking to the aforesaid facts and circumstances of the case, this Court has observed that the accused Nos. 1, 2 and 8 were actually named, so far as other accused persons are concerned, they are not named. It is shown in the FIR that other accused persons were also present.
5. Looking to the above said facts and circumstances of the case, this Court has granted anticipatory bail to the accused Nos.3, 7 to 12, therefore, these petitioners also stand on the same footing as that of the other accused persons. As such, in my opinion, the petitioners-accused Nos. 4 and 6 are also entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners (accused Nos.4 and 6) shall be released on bail in the event of their arrest in C.C.No.80/2018 on the file of Prl.Civil Judge and JMFC Court, C.N.Halli, Tumkuru District for the alleged offences subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute their personal bonds for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
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 him is disposed of.
Sd/- JUDGE JS/-