IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.7161 OF 2017 BETWEEN:
SOMESH S/O SEENA AGED ABOUT 32 YEARS R/O A. KALENAHALLI VILLAGE DANDIGANAHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 201.
... PETITIONER (BY SRI GIRISH B. BALADARE, ADV.) AND:
STATE BY R.F.O.
CHANNARAYAPATANA RURAL POLICE STATION CHANNARAYAPATNA TLAUK CHANNARAYAPATNA.
REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001.
... RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.147/2017 OF CHANNARAYAPATNA RURAL POLICE STATION, HASSAN, FOR THE OFFENCES P/U/Ss.
86 AND 87 OF KARNATAKA FOREST ACT AND UNDER SECTION 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner – accused under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Section 379 of IPC and under Sections 86 and 87 of the Karnataka Forest Act registered in respondent – Police Station Crime No.147/2017.
2. Brief facts as per the complaint averments is that the police on the basis of suo-motu complaint alleged that on 02.08.2017 at about 2.30 p.m. at Channarayapatna when the respondent – Police Officer was taking rounds on the official duty found the petitioner herein who was caught red handed with 30 sandalwood billets in a gunny bag and half k.g. sandalwood layer in a plastic cover, a chopper, swaing machine, blade, torch and steel scale in the backyard of the petitioner’s house and he was arrested, properties were seized and on the basis of said complaint, FIR came to be registered.
3. Heard the arguments of the learned counsel appearing for the petitioner and also the learned HCGP for the respondent – State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and the order passed by the learned Sessions Judge, Hassan District rejecting the bail application of the petitioner herein.
5. Petitioner contended that he is innocent and not involved in committing the alleged offences and there is a false implication. It is the contention of the learned counsel appearing for the petitioner that mandatory provisions under Section 71(A) of the Karnataka Forest Act is also not followed in the case.
He made the submission that investigation is completed and charge sheet is also filed. Looking to the prosecution material, the sandalwood billets alleged to have been possessed by the petitioner were already seized in the presence of punch witnesses by the police. As submitted by the learned counsel appearing for the petitioner, investigation is already completed and charge sheet is yet to be filed before the Court. He has undertaken that he is ready to abide by any reasonable conditions to be imposed by the Court. The alleged offences are also not exclusively punishable with death or imprisonment for life.
Accordingly, petition is allowed. Petitioner – accused is ordered to be released on bail of the offences punishable under Sections 379 of IPC and under Sections 86 and 87 of the Karnataka Forest Act registered in respondent – Police Station Crime No.147/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Since the main petition is disposed of, application I.A.No.1/2017 for interim bail does not survive for consideration and it is disposed of accordingly.
Sd/- JUDGE ca