IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No.2244 OF 2019 BETWEEN:
Somashekar @ Soma, S/o late Chandregowda, Aged about 35 years, R/at Channapura Village, Kunduru Hobli, Alur Taluk, Hassan District - 573 213.
(By Sri. K.A. Chandrashekara, Advocate) AND The State of Karnataka, By the Police of Hassan City Police station, Hassan - 573 201.
Represented by SPP High Court of Karnataka, Bengaluru - 560 001.
(By Sri. I.S. Pramod Chandra, SPP-II) …Petitioner …Respondent This criminal petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.31/2019 of Hassan City Police Station, Hassan for the offences p/u/s 86, 84 and 84 of Karnataka Forest Act and Sections 165 and 144 of Karnataka Forest Rules and 379 of IPC.
This criminal petition coming on for Orders this day, the Court made the following:
ORDER The petition is filed by the petitioner-accused to enlarge him on bail under Section 439 of Cr.P.C. in Crime No.31/2019 for the offence punishable under Sections 86, 87 and 84 of the Karnataka Forest Act and Sections 165 and 144 of Karnataka Forest Rules and 379 of IPC registered by Hassan City Police Station.
2. It is alleged by the prosecution that on 04.03.2019 at 7.00 am, when Police Inspector, DCRB Division and his staff members were on patrolling duty at Hassan city, Tanneruhalla, they intercepted the Swift car bearing registration No.KA.25.P.3225 of the petitioner and on checking, they found 84 kgs of Sandalwood worth Rs.8,00,000/- has been transported without any valid permit or licence. Same was seized under the panchanama and petitioner was arrested and produced before the Court. Petitioner is remanded to judicial custody. Hence, this petition.
3. Learned counsel for the petitioner submits that petitioner is innocent of alleged offence and he was not aware about the carrying of said sandalwood. It was asked him to shift some wood in the said vehicle to some temple. There are no other cases registered against him. The alleged offences though non-bailable in nature, but not punishable with death or imprisonment for life. Hence, he prays to allow the petition.
4. Per contra, learned SPP-II, appearing for the respondent-State submits that the offence is heinous in nature. If petitioner is granted bail, he may commit similar offences and may abscond. Prima-facie there are grounds to show the involvement of the petitioner. Hence, he prays for dismissal of the petition.
5. Upon hearing of the arguments of learned counsel appearing for the petitioner and learned SPP-II appearing for the respondent-State and perusal of the records, it shows that police have intercepted the car and seized 84 kgs of Sandalwood. After completion of the investigation, charge-sheet has been filed before the Court and case is pending for trial. Though alleged offences are non-bailable in nature, they are not punishable with death or life imprisonment. There is no legal embargo for grating the bail to the petitioner. If petitioner is enlarged on bail, by imposing certain condition, no prejudice would be caused to the prosecution case. As such, petition deserves to be allowed.
Accordingly, criminal petition is allowed.
The petitioner-accused is ordered to be released on bail, in Crime No.31/2019 of Hassan City Police Station for the offence punishable under Sections 86, 87 and 84 of the Karnataka Forest Act and Sections 165 and 144 of Karnataka Forest Rules and 379 of IPC, subject to the following conditions:-
(i) Petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the trial Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall mark his attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every Monday for a period of three months or till commencement of trial before the Court whichever is earlier.
SD/- JUDGE SB