IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.9766/2018 BETWEEN :
M. Rakesh S/o E. Mohan Kumar Aged about 30 years Coolie, R/o. Madiwalara Beedhi, 5th Cross, Gandhi Bazaar Shivamogga-577 201.
(By Sri Sateesh Chandra K.V., Advocate) AND :
… Petitioner The State by Range Forest Officer Bhadra Wildlife Range, Lakkavalli, Tarikere Taluk, Represented by State Public Prosecutor High Court Complex Bengaluru-560 001.
… Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in F.O.C.No.11/2018 (C.C.No.943/2018) on the file of Judicial Magistrate First Class at Tarikere for the offences punishable under Sections 27, 29, 31 and 51 of Wildlife Protection Act of 1972 and Sections 84, 86 of the Karnataka Forest Act of 1963.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 under Section 439 of Cr.P.C. to release him on bail in FOC.No.11/2018-19 and in CC.No.943/2018 on the file of JMFC., Tarikere for the offences punishable under Sections 27, 29, 31 and 51 of Wildlife Protection Act, 1972 and Sections 84 and 86 of the Karnataka Forest Act.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 26.9.2018 at about 1.30 a.m., the Deputy Range Officer and his staff on credible information went inside the forest area and saw some persons engaged in cutting sandal wood tress at Kundur Minor Forest in Sy.No.27 and immediately they rushed towards the said persons. Out of the said three persons one person ran away and two persons were apprehended and after verification they came to know that the said persons have been engaged in cutting sandal wood trees and the said sandal wood belongs to the Government. The said sandal wood was weighing 10 Kgs. And 600 gms and thereafter panchanama was drawn. On the basis of the complaint, a case has been registered.
4. It is submission of the learned counsel for the petitioner that already investigation has been completed and charge sheet has been filed. The alleged offences are not punishable with death or imprisonment for life. Petitioner is innocent and accused No.3 under the similar facts and circumstances has been released on bail by the District Court and hence on the ground of parity the petitioner is entitled to be released on bail. He further submitted that the petitioner is ready to abide by any conditions and to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that there is a prima facie material as against the petitioner that he was engaged in cutting the sandal wood. The sandal wood cut by the accused persons was seized by the authorities which was weighing 10 Kgs. and 600 grams. He further submitted that if the petitioner is enlarged on bail, he may again indulge in criminal activities, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On going through the records, it would indicate that the petitioner along with the other accused persons has been involved in the offence punishable under Sections 84 and 86 of the Karnataka Forest Act. Charge sheet has already been filed and the alleged offences are not punishable with death or imprisonment for life. Even it is submitted that accused No.3 has been released on bail and on the ground of parity, the petitioner is entitled to be released on bail.
8. No doubt, the learned HCGP has rightly submitted that the petitioner may again indulge in similar activities. The interest of the prosecution can be protected by imposing certain stringent conditions.
Accordingly, the petition is allowed and accused No.2-petitioner herein is enlarged on bail in Crime No. FOC.No.11/2018-19 and in CC.No.943/2018 on the file of JMFC., Tarikere for the offences punishable under Sections 27, 29, 31 and 51 of Wildlife Protection Act, 1972 and Sections 84 and 86 of the Karnataka Forest Act, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall be regular in appearing before the trial Court till the trial is completed.
iii) He shall not tamper with the prosecution evidence in any manner till the disposal of the case.
iv) He shall mark his attendance before the jurisdictional Forest Officer once in fifteen days between 10.00 a.m. and 5.00 p.m. till the trial is concluded.
v) He shall not indulge in similar type of activities in future. If he is involved in similar offences, this order shall stand cancelled .
Sd/- JUDGE *ck/-