IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7593 OF 2018 BETWEEN:
1. MANJUNATHA S/O RANGEGOWDA AGED ABOUT 60 YEARS 2. JAGADEESHA S/O MANJUNATHA AGED ABOUT 36 YEARS 3. RAJESHA S/O MANJUNATHA AGED ABOUT 38 YEARS ALL ARE R/AT KELA HANDI VILLAGE HANDI POST CHIKKAMAGALURU DISTRICT-577 101. ...PETITIONERS (BY SRI GIRISH B BALADARE, ADV.) AND STATE BY RFO MUDIGERE RANGE CHIKKAMAGALURU REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001. ...RESPONDENT (BY SMT NAMITHA MAHESH B G, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN F.O.C.NO.11/2018-19 REGISTERED BY R.F.O., MUDIGERE RANGE, CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 62, 84, 86, 87 OF KARNATAKA FOREST ACT AND RULES 154, 165 OF K.F. RULES AND SECTION 9, 39, 44, 50, 55 OF WILD LIFE PROTECTION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are accused Nos.2 to 4 in F.O.C.No.11/2018-19 of Mudigere Forest Range, Chikkamagaluru. The said case is registered against the petitioners and first accused for offences punishable under Sections 62, 84, 86, 87 of Karnataka Forest Act Rules 154, 165 of Karnataka Forest Rules and Sections 9, 39, 44, 50 and 55 of Wild Life Protection Act, on the basis of the complaint of Sri. Umesh, Deputy Range Forest Officer.
2. It is alleged that on 1.9.2018 at 5.00 p.m. on credible information of felling of sandalwood trees, the complainant and his staff conducted raid in land bearing Survey No.40 of Balur Village, Mudigere Taluk and found the first accused cutting the sandalwood trees. The said sandalwood logs and cutting equipment were seized under a mahazar. It is alleged that on the basis of the voluntary statement of accused No.1, the house of petitioner No.1 was searched and deer horn was recovered from his house. It is alleged that the petitioners were indulging in theft of sandalwood trees and forest produces and trafficking them.
3. The petitioners are implicated on the basis of the alleged voluntary statement of accused No.1. As per the prosecution records no sandalwood was seized from the house of petitioner No.1 and only deer horn was seized.
4. The offences alleged against the petitioners are not punishable with death or imprisonment for life. The major offence carries punishment of imprisonment upto seven years. The weapons of the offence have already been seized. Under these circumstances, this is a fit case to grant anticipatory bail with suitable conditions.
5. The petition is allowed. Petitioners are granted anticipatory bail in F.O.C.No.11/2018-19 of Mudigere Forest Range, Chikkamagaluru, subject to following conditions:
i) They shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii) They shall execute personal bonds in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for their appearance.
iii) They shall appear before the Investigating officer/Court as and when required for the purpose of investigation/trial;
iv) They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE *alb/-.