IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7088/2017 BETWEEN:
SRI B.P.KARIAPPA S/O LATE PONNAPPA AGED ABOUT 58 YEARS R/O MYTHADI VILLAGE & POST VIRAJPET TOWN – 571 218 KODAGU DISTRICT. …PETITIONER (BY SRI YASHODAR SHETTY, ADV. FOR SRI NATARAJA BALLAL, ADV.) AND:
STATE OF KARNATAKA DIVISIONAL FOREST OFFICER VIRAJPET, S.KODAGU (VIRAJPET RANGE OFFICE VIRAJPET DIVISION VIRAJPET) REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 076. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN FOC NO.6/2017-18 REGISTERED BY THE DIVISIONAL FOREST OFFICER, VIRAJPET, KODAGU (VIRAJPET RANGE OFFICE, VIRAJPET DIVISION, VIRAJPET), FOR THE OFFENCES P/U/S 62, 80, 104A OF FOREST ACT, 1963 AND RULES 127A, 144, 165 OF KARNATAKA FOREST RULES, 1969.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner apprehends arrest by the respondent-DFO in FOC No.6/2017-18 registered in respect of the offences under sections 62, 80, 104-A of the Karnataka Forest Act 1963 and Rules 127-A, 144, 165 of Karnataka Forest Rules, 1969.
3. The allegation is, the petitioner cut the standing rosewood trees in his land and converted them into billets and logs.
4. Learned Government Pleader opposes the petition and submits that in view of the bar contemplated under Section 104-A of the Karnataka Forest Act, 1963, the petitioner is not entitled for anticipatory bail.
However, considering the fact that the allegation is only to the extent that the standing trees were cut in the land under the ownership of the petitioner, the petition is allowed. The petitioner is granted anticipatory bail in FOC No.6/2017-18. In the event of his arrest, he shall be released on bail on executing a self bond for Rs.50,000/- with one surety for the likesum. He shall co-operate with the Investigating Officer during further course of investigation.
Dvr:
Sd/- JUDGE