IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2784/2019 BETWEEN:
Lakshmana @ kulliya, S/o. Lakshman, Aged about 32 years, R/at No.6564, Kodachada village, Maramangala Post, Aircard Taluk, Selam District, Tamilnadu-636601. ... Petitioner (By Sri. K.Akram Pasha, Advocate) AND:
The State of Karnataka, By High Grounds Police Station, Represented by Public Prosecutor, High Court of Karnataka, Bengaluru-560001. ... Respondent (By Sri. S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Code of Criminal Procedure praying to enlarge the petitioner on bail in Cr.No.157/2018 of High Grounds P.S., Bengaluru City for the offences punishable under Sections 86, 87 of Karnataka Forest Act and Section 379 of IPC and Section 3 of KCOC Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his continued detention pursuant to the proceedings in Crime No.157/2018 with respect to the offences punishable under Sections 86, 87 of the Karnataka Forest Act, 1963 and Section 379 of IPC and Section 3 of the Karnataka Control of Organized Crimes Act, 2000 (‘KCOC Act’ for brevity).
2. The case of the prosecution is that a complaint came to be registered against unknown persons stating that on 18.11.2018, information was received that unknown persons had cut down sandalwood tree and taken away sandalwood billets from the place of the Government Guest House. A complaint was lodged, investigation has been initiated and charge sheet has been filed.
3. Learned counsel for the petitioner contends that initially, as the petitioner was in custody with respect to proceedings in other cases, on the basis of body warrant, he was secured. It is stated that despite being enlarged on bail in all the other cases, his detention has continued, which is illegal. It is pointed out that initially, case came to be registered under Sections 86 and 87 of the Karnataka Forest Act, 1963 and Section 379 of IPC and subsequently, charge sheet has been filed against all the accused by invoking Section 3 of KCOC Act. It is submitted that initially the petitioner was enlarged on bail in proceedings in Crl.Mis.No.61/2019 in Crime No.157/2018 for the offences punishable under Sections 86 and 97 of Karnataka Forest Act and Section 379 of IPC. It is submitted that during the pendency of the proceedings in Crime No.157/2018 the provisions of Section 3 of Karnataka Control of Organized Crime Act, 2000 has been invoked. It is contended that the said detention is illegal as he has been enlarged on bail previously for the offences except under KCOC Act and even otherwise, the question of identity of the accused insofar as the present proceedings are concerned, is a matter to be established during the trial.
4. It is noticed that the Apex Court in the case of PRADEEP RAM v. STATE OF JHARKHAND AND ANOTHER (2019 SCC ONLINE SC 825) has observed that, where the detention of an accused is sought for a graver offence being made out against the accused, if the petitioner is granted bail on an earlier occasion, he cannot be arrested without permission of the Court.
5. However, in view of the law laid down by the Apex Court, the continued detention subsequent to making out a fresh offence, which in the present case is Section 3 of KCOC Act without permission of the Magistrate cannot be sustained. In light of the said legal position and also noticing the aspect of identity of the accused, is a matter to be established during the trial, petitioner is entitled to be enlarged on bail.
6. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.157/2018 with respect to the offences punishable under Sections 86, 87 of the Karnataka Forest Act, 1963 and Section 379 of IPC and Section 3 of Karnataka Control of Organized Crimes Act, 2000, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall physically present himself and mark his attendance before the Station House Officer, High Grounds Police Station, Bengaluru once in a month between 10.00 a.m. and 5.00 p.m., till conclusion of the trial.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE RB