IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.8737/2018 c/w CRIMINAL PETITION No.8736/2018 IN CRIMINAL PETITION No.8737/2018 BETWEEN:
M.M.Baputti, S/o. Late Mohammad, Aged about 64 years, R/at Garaganduru Village and Post, Somawarapete Taluk, Kodagu District-571236 (By Sri.Prasanna.D.P, Advocate (absent)) AND:
State of Karnataka By Somawarapete Police Station, Kodagu Dist-571236, Represented by S.P.P., High Court Complex, Bengaluru – 560 001 …Petitioner …Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.309/2018 registered by Somwarpet Police Station, Kodagu for the offence P/U/S 379 of IPC and Section 86 and 87 of Karnataka Forest Act.
IN CRIMINAL PETITION No.8736/2018 BETWEEN 1. Latheef M B, S/o. Baputti, Aged about 35 years, R/at Garaganduru Village and Post, Somawarapet Taluk, Kodagu-561236.
2. Sujith P R, S/o. Ravi P R, Aged about 26 years, R/at Madapura village and post, Somawarapet Taluk, Kodagu-561236. Petitioners (By Sri. Prasanna D P, Advocate (absent)) AND The State of Karnataka, By Somavarapet Police Station, Kodagu Dist-571236, Represented by S.P.P, High Court Complex, Bengaluru-560001. Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under section 439 of Cr.P.C praying to enlarge the petitioners on bail in Cr.No.309/2018 registered by Somwarpet Police Station, Kodagu for the offence P/U/S 379 of IPC and Section 86 and 87 of Karnataka Forest Act.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
ORDER Crl.P.No.8737/2018 has been filed by the petitioner- accused No.1 under Section 438 of Cr.P.C to release him on anticipatory bail. Crl.P.No.8736/2018 has been filed by the petitioner-accused Nos. 2 and 3 under Section 439 of Cr.P.C to release them on bail in Crime No.309/2018 of Somwarpet Police Station, Somwarpet Circle, Kodagu for the offence punishable under Section 86 and 87 of the Karnataka Forest Act, 1963 and also under Section 379 of IPC.
2. The learned counsel for the petitioners is not present. I have heard the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 25.10.2018 at about 3:00 a.m. when the Circle Inspector, Somwarpet was resting in his quarters, he received a credible information that 3 to 4 persons were transporting the sandalwood billets in 3 Maruti 800 cars. Immediately, along with his staff, he went to the place and apprehended accused Nos.2 and 3 and the said sandalwood billets were recovered and mahazar was drawn and a case has been registered in this behalf.
4. It is contended in the petition that a suo moto case has been registered and only on the basis of the voluntary statement said to have been given by accused Nos. 2 and 3, the name of accused No.1 has been shown. The alleged offence is not punishable with death or imprisonment for life. The respondent-Police have registered a false case. The petitioner-accused is aged about 64 years and he has no bad antecedents. He is an agriculturist and he is ready to abide by the conditions to be imposed by this Court and ready to co-operate with the investigation. On these grounds, he prayed to allow the petition.
5. In Criminal Petition No.8736/2018, it is contended that the accused-petitioners were not present at the place of the said incident and they have been apprehended from their house. They are the only bread earners in their family. The alleged offence is not punishable with death or imprisonment for life. They are ready to co-operate with the investigation and ready to face the trial. On these grounds, they prayed to allow the petition.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused are involved in illegal transportation of the sandalwood billets and Section 86 and 87 of the Karnataka Forest Act, 1963 (‘the Act’ for brevity) are attracted. It is further submitted that the accused- petitioners are being red handedly apprehended along with 3 Maruti 800 cars and seized sandalwood billets. Still the investigation is in progress, if the accused-petitioners are released on bail, they may abscond and they may not be available for trial. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned High Court Government Pleader and perused the records.
8. As could be seen from the records, the accused-petitioners have been apprehended along with sandalwood billets and a case has been registered. But the records indicate that the Investigating Officer has not followed the mandatory provisions of Section 67(3) of the Act and the alleged offences are not punishable with death or imprisonment for life. Whether actually the petitioners are involved in the case as alleged is a matter which has to be considered and appreciated only at the time of trial. The only contention of the learned High Court Government Pleader is that if the accused-petitioners are released on bail, they may abscond and they may not be available for trial and the same can be protected by imposing some stringent conditions.
9. Taking into consideration the above said facts and circumstances, I feel that by imposing some stringent conditions, if the accused-petitioners are released on bail, it is going to meet the ends of justice.
10. In that light, Criminal petitions are allowed.
Accused No.1-petitioner in Crl.P.No.8737/2018 filed under Section 438 of Cr.P.C is ordered to be released on anticipatory bail in the event of his arrest in Crime No. 309/2018 of Somwarpet Police Station, Somwarpet Circle, Kodagu for the offence punishable under Section 86 and 87 of the Karnataka Forest Act, 1963 and also under Section 379 of IPC, subject to the following conditions:-
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on he executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the charge sheet is filed.
5. He is directed to surrender before the Investigating Officer within 15 days from today.
Accused Nos.2 and 3-petitioners in Crl.P.No.8736/2018 filed under Section 439 of Cr.P.C are ordered to be released on bail in Crime No. 309/2018 of Somwarpet Police Station, Somwarpet Circle, Kodagu for the offence punishable under Section 86 and 87 of the Karnataka Forest Act, 1963 and also under Section 379 of IPC, subject to the following conditions:-
1. Petitioners-accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) each with two sureties each for the likesum to the satisfaction of the trial Court.
2. They shall not tamper with the prosecution evidence directly or indirectly 3. They shall not leave the jurisdiction of the Court without prior permission.
4. They shall not indulge in similar type of activities till the completion of the trial.
Sd/- JUDGE RB