IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7272 OF 2019 BETWEEN:
1. RAMA @ RAMANNA S/O.CHINNAPPA AGED ABOUT 39 YEARS R/AT BALMANDE POTTAM VILLAGE, CHITTOOR DISTRICT ANDHRA PRADESH-517 001 2. S.GANGA BABU S/O.SARPALALI APPARAVU AGED ABOUT 30 YEARS R/AT KRISHNAGUDI VEEDHI PATHIPADU VILLAGE CHITTOOR DISTRICT ANDHRA PRADESH-571 001 3. RAJA S/O.SHIVANATHAN AGED ABOUT 43 YEARS R/AT TOPALAGONDU VILLAGE KATTI POST NARAMPALLI TALUK VELLORE DISTRICT TAMIL NADU-632 001 …PETITIONERS (BY SRI H.RAMACHANDRA, ADVOCATE) AND:
THE STATE OF KARNATAKA BY BANGARPET RAILWAY POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.17/2019 OF BANGARPET RAILWAY POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 71(A), 84, 85, 86, 87 OF THE KARNATAKA FOREST ACT AND RULES 144, 165 OF THE KARNATAKA FOREST RULES AND SECTION 379 OF IPC PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC AT BANGARPET.
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 petitioners and the learned HCGP for the respondent-State. Perused the records.
2. When the respondent-Police were on rounds near Kuppam Railway Station in Bangarpet and they found accused Nos.1 to 3 in the train i.e. Mysuru-Chennai express bearing No.12610 in the morning hours at about 9.30 a.m. that accused Nos.1 and 2 were holding some bags in their hands. On suspicion, the Police have enquired the accused persons as to the contents of the said bag, accused Nos.1 and 2 was afraid of opening the bag and showed the same. On enquiry, the Police found that the said bags contain 10 kgs. 500 gms. of sandal wood pieces which was in the bag held by accused No.1 and 11 kgs. 750 gms. Of sandal wood pieces in the bag held by accused No.2. There is no recovery as such from accused No.3-petitioner No.3 herein.
3. Looking to the above facts and circumstances, the matter is still at the stage of investigation and it is shown to the Court that the possession of sandal wood pieces with accused Nos.1 and 2 as such the learned HCGP submitted that Section 87 of the Karnataka Forest Act, 1963 (‘the Act’ for short) is attracted in turn Section 104D of the Act refers to the responsibility of the Court to find out whether the accused is not guilty for the alleged offences at the time of considering the bail petition. At this stage, unless entire chargesheet is filed, it cannot be said that so far as accused Nos.1 and 2 is concerned, Section 104D of the Act is to be applied or not. However, so far as accused No.3-petitioner No.3 is concerned, there is no recovery as such from him. Except his presence along with accused Nos.1 and 2, no other allegations are there against him.
4. Under the above facts and circumstances, accused No.3-petitioner No.3 is entitled to be enlarged on bail. Hence, the following:
O R D E R The petition is partly allowed. The petition is dismissed so far as accused Nos.1 and 2 (petitioner Nos.1 and 2) is concerned and the petition is allowed so far as accused No.3 (petitioner No.3) is concerned. Consequently, accused No.3-petitioner No.3 shall be released on bail in connection with Crime No.17/2019 of Bangarpet Railway Police Station on the file of the Principal Civil Judge (Jr.Dn.) JMFC Court, Bangarpet, Kolar District, for the alleged offences subject to the following conditions:
(i) Petitioner No.3 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 jurisdictional Court;
(ii) Petitioner No.3 shall not indulge in tampering the prosecution witnesses;
(iii) Petitioner No.3 shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause;
(iv) Petitioner No.3 shall not leave the Indian country without prior permission of the court till the case registered against him is disposed of;
(v) Petitioner No.3 shall mark his attendance once in fifteen days i.e., on any Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
It is made clear that petitioner Nos.1 and 2 are at liberty to move the concerned Court for grant of bail immediately after filing of the chargesheet.
Sd/- JUDGE LB