IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7565/2019 BETWEEN:
Mr.Nadeem Pasha S/o Syed Pasha, Aged about 30 years, R/at Haneef Mohalla, Mandya Road, Nagamangala-571432. …Petitioner (By Sri.Mahendra S.S., Advocate) AND:
State of Karnataka, By Karagodu Police Station, Rep. by State Public Prosecutor, High Court Building, Bengaluru-560001. ... Respondent (By Sri.Rohith B.J., 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.39/2015 of Keregodu Police Station, Mandya for the offence punishable under Sections 84, 86, 87 of Karnataka Forest Act and Section 379 and 411 of IPC.
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 petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.2 in C.C.No.320/2018 arising out of Cr.No.39/2015 on the file of the I Addl. Senior Civil Judge & CJM, Mandya for the offence punishable under Sections 84, 86, 87 of Karnataka Forest Act and Section 379 and 411 of IPC.
3. The allegations made against the petitioner are that on 01.04.2015 some thieves committed theft of sandal wood in Sy.No.46/1-A of Keragodu village belonging to the complainant by name Sri.Shivalingegowda and sold the same to the present petitioner. Charge sheet papers also discloses that during the course of investigation, the PSI of Bindiganavile has taken the petitioner into the custody and recovered two and half kg of sandal wood pieces. Perhaps he might have failed to lodge a case against the petitioner who is the receiver of the said stolen property and he might have left him without lodging complaint. Subsequently, the petitioner’s name is incorporated in the charge sheet by the respondent police.
4. Looking to the above said facts and circumstances of the case, though the procedure followed by the PSI, Bindiganavile in not arresting the petitioner is illegal and irregular and the facts remains that the petitioner is not arrested by the police in connection with the case.
5. Under the above the said facts and circumstances, considering the nature of the case and as accused No.1 has already been released on bail, this petitioner is also entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner (accused No.2) shall be released on bail in the event of his arrest in connection with C.C.No.320/2018 arising out of Cr.No.39/2015 on the file of the I Addl. Senior Civil Judge & CJM, Mandya for the alleged offences subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner 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/-