IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.2303/2019 BETWEEN:
RAMASWAMY AGED ABOUT 40 YEARS S/O ANDI R/AT PULIGERAI VILLAGE KERIKAD POST, AIR CAD TALUK SELAM DISTRICT TAMILNADU – 636 102.
(BY SRI B. CHANDRAHASA RAI, ADVOCATE) AND:
THE STATE OF KARNATAKA BY CUBBON PARK POLICE STATION BENGALURU, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.
... PETITIONER …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN CRIME NO.126/2018 DATED 30.06.2018 FOR OFFENCES PUNISHABLE UNDER SECTIONS 379, 413, 120B OF IPC AND SECTION 86 OF K.F. ACT, REGISTERED BY CUBBON PARK P.S., PRESENTLY PENDING IN C.C.NO.4052/2019 ON THE FILE OF VIII ACMM COURT AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the State. Perused the records.
2. The petitioner is arraigned as accused No.3 in C.C.No.4052/2019. It is the allegation against the petitioner and the other accused persons that the Accounts Manager of Bishop Cottons Girl School, Bengaluru, has lodged a complaint stating that in their school premises, some unknown persons have cut and removed sandalwood trees on 29/30.06.2018. On the basis of the said information, the police started investigation and it appears that accused No.1 by name Lakshmana was arrested in connection with this case and it is also alleged that he divulged that along with the help of this petitioner also and with other accused, they have cut and removed the sandalwood trees and etc.
3. Learned HCGP submitted that there is no recovery as such in this particular case. Further he submitted that accused Nos.4, 5, 6, 7, 8, 11 and 12 are habitual offenders and many number of cases are pending against them. In this particular case, it appears that except the voluntarily statement of accused No.1, nothing more is available at this stage. The prosecution has to prove the case beyond reasonable doubt during the course of full fledged trial.
4. In the above said facts and circumstances, the petitioner is entitled to be enlarged on bail with stringent conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.126/2018 of Cubbon Park Police Station pending in C.C.No.4052/2019 on the file of the VIII Additional Chief Metropolitan Magistrate registered against him for the offence punishable under Sections 379, 413 and 120B of IPC and Section 86 of Karnataka Forest Act, 1963, subject to the following conditions:
(i) The petitioner shall execute a 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 jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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 ca