IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.222/2019 BETWEEN :
1. Shabuddin S/o Hayaz Sab Aged about 42 years R/at Billehalli Village Shivani Hobli, Tarikere Taluk Chikkamagalur-577 228.
2. Shikbath Ali S/o Shabuddin Aged about 24 years R/at Aralipura Village Basavapattanna Hobli Chennagiri Taluk Davanagare-577 552.
3. Nafeez Ahamed @ Nazeer S/o late Jaleel Sab Aged about 38 years R/at Billehalli Village Shivani Hobli, Tarikere Taluk Chikkamagalur-577 228 (By Sri Vikas M., Advocate for Sri Sachin B.S., Advocate) … Petitioners AND :
State of Karnataka by Yagati Police Station, Kadur, Chikkamagalur, Represented by learned State Public Prosecutor High Court Building, Bengaluru-560 001 … Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.86/2018 of Yagati Police Station, Chikkamagaluru District, for the offence punishable under Section 379 of Indian Penal Code and Sections 86 and 87 of Karnataka Forest Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused Nos.1 to 3 under Section 439 of Cr.P.C. praying to release them on bail in Crime No.86/2018 of Yagati Police Station for the offence punishable under Section 379 of IPC and Sections 86 and 87 of the Karnataka Forest Act.
2. I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 26.11.2018 at about 8.30 p.m., when police were on patrolling duty and they reached near Y.Basavanahalli Village, they saw three persons coming on one motorcycle. The rider of the motorcycle after seeing the police stopped the vehicle and tried to run away. Immediately police apprehended the persons running from the spot and all the three persons were caught hold off by the police and when they were questioned, they disclosed their identity and on further enquiry they told that they cut and were transporting the sandal wood in a bag. Immediately in the presence of the witnesses, the sandal wood was verified and it was weighing 13 kgs and the same was seized and a case has been registered.
4. It is the submission of the learned counsel for the petitioners that the accused-petitioners are innocent and they have not committed any offence and a false complaint has been filed. He further submitted that no article has been seized from the possession of the petitioners. He further submitted that the charge sheet has already been filed and the alleged offences are not punishable with death or imprisonment for life. The trial may take some more time and the petitioners are ready to cooperate with the trial and they will be regular in attending the trial and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioners were cutting sandal wood and they were transporting the same for selling, which is considered to be a Government property. They are habitual offenders and if they are released on bail, they may abscond and they may again indulge in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records, including the contents of the complaint and other material. As could be seen from the contents of the complaint it would indicate that when the police were on patrolling duty, accused were transporting the sandal wood and on the statement of the accused persons they have seized the said article. Whether the petitioners are involved in the said crime or not which is a matter that has to be considered only at the time of trial. The Court has to look that after filing of the charge sheet whether the accused persons are available. When the alleged offences are not punishable with death or imprisonment for life, by imposing some stringent conditions, if the petitioners are released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused Nos.1 to 3-petitioners herein are enlarged on bail in Crime No.86/2018 of Yagati Police Station for the offence punishable under Section 379 of IPC and Sections 86 and 87 of the Karnataka Forest Act, subject to the following conditions:-
i) Each of the petitioners shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) They shall not tamper with the prosecution evidence directly or indirectly.
iii) They shall not leave the jurisdiction of the trial Court without prior permission.
iv) They shall not indulge in similar type of criminal activities.
v) They shall mark their attendance before the jurisdictional police once in a month on every 1st between 10.00 a.m. and 5.00 p.m. till the trial is concluded.
Sd/- JUDGE *ck/-