IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3951/2019 BETWEEN:
Nasirkhan @ Nasir @ Manoj S/o. Late Amanulla Khan, Aged about 30 years, R/at #101, K. Mallasandra Village, Near Railway Track, Hoskote Taluk – 562 114.
Bengaluru Rural District. ... Petitioner (By Sri. Jagadeesha S.R., Advocate) AND:
State of Karnataka by Mahalakshmi Layout Police Station, Bengaluru – 560 086.
Represented by Government Pleader, High Court of Karnataka, Bengaluru – 560 001. ... 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.112/2019 of Mahalakshmipura Police Station, Bengaluru City for the offences punishable under Section 41(d) read with Section 102 of Cr.P.C 379 of Indian Penal Code and Sections 86, 87 of Karnataka Forest 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 detention pursuant to proceedings in Crime No.112/2019 for the offences punishable under Sections 102, 41(D) of Code of Criminal Procedure, Sections 86 and 87 of the Karnataka Forest Act, 1963 and Section 379 of Indian Penal Code.
2. The case of the prosecution is that the complainant had been deputed to patrol duty along with his staff. On 26.04.2019 at about 11.00 p.m., when the complainant and his staff were on patrol duty, they noticed Hyundai vehicle parked near a public toilet situated at Kamalammana Gundi, Mahalakshmi Layout.
On suspicion, when the police officials inspected the said vehicle, they allegedly found Red Sandal Wood (rakta chandana) billets. It is stated that the accused attempted to escape but he was apprehended. The seizure of the wood was made. FIR has been lodged on the basis of the complaint and investigation is in progress.
3. Learned counsel for the petitioner states that he is in custody since 27.04.2019 and as the custodial interrogation has been completed and as there are no previous criminal antecedents.
4. Taking note of the fact that there are no criminal antecedents, the petitioner is in custody since 27.04.2019 and admittedly, custodial interrogation is complete, a case is made out for enlarging the petitioner on bail. It is also noticed that accused No.2-Mohammed Munir @ Mohammed @ Babu has been enlarged on bail in Crl.P.No.3647/2019 dated 11.07.2019.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.112/2019 for the offences punishable under Sections 102, 41(D) of Code of Criminal Procedure, Sections 86 and 87 of the Karnataka Forest Act, 1963 and Section 379 of Indian Penal Code, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.112/2019 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum before the concerned court.
(ii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iii) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(iv) The petitioner shall not indulge in any criminal activities of like nature.
(v) 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 SJK