IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3647/2019 BETWEEN:
Sri.Mohammed Munir @ Mohammed @ Babu, S/o. Late Mohammed Yaqoob, Aged about 46 years, No.65, Near Kuri Pharma, Arasanahalli Village, Malur Taluk, Kolar-563 160. ... Petitioner (By Sri.Kemparaju, Advocate) And:
State of Karnataka, By Mahalakshmi Layout Police Station, Rep. by its Public Prosecutor, High Court Complex, Bengaluru-560 001. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.112/2019 of Mahalakshmipura Police Station, Bengaluru City for the offence p/u/s 41(d) r/w 102 of Cr.P.C., 379 of IPC and Sections 86, 87 of Karnataka Forest Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.112/2019 with respect to the offences punishable under Sections 41(d) r/w 102 of Cr.P.C. 379 of IPC and Sections 86, 87 of the Karnataka Forest Act, 1963.
2. The case that is made out by the prosecution is that on 26.04.2019 in the night at 11.30 p.m., when Police were under patrol duty at Kamalammanagudi, Mahalakshmi Layout, they saw the accused trying to flee away in their vehicle. On suspicion when the Police searched the vehicle, it is stated that they found pieces of ‘Raktha Chandana’ and on enquiry the accused did not explain in a proper manner. The accused were arrested and the wood pieces were seized. The FIR has been registered and investigation is in progress.
3. Learned counsel for the petitioner states that no case is made out as per the version of the prosecution and further states that looking into the nature of punishment and also that the petitioner has serious medical ailments case has been made for being enlarged on bail. Copy of the discharge summary of Sri Chandra Shekar Hospital, has been filed which reveals injuries to the chest and further contends that even while in custody petitioner was under treatment.
4. Taking note of the medical condition and also the punishment prescribed and noting that proof of the offence is a matter for trial and as the petitioner is in custody since 26.04.2019 and custodial interrogation is completed, the petitioner is enlarged on bail in Crime No.112/2019 for the offences punishable under Section 41(d) r/w 102 of Cr.P.C. 379 of IPC and Sections 86, 87 of Karnataka Forest Act, 1963, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.112/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum before the concerned court.
(ii) The petitioner shall mark his attendance before the concerned Station House Officer once a week between 10.00 a.m and 5.00 p.m., till final report is filed.
(iii) The petitioner shall co-operate with the investigation and shall not indulge in criminal activities of like nature.
(iv) The petitioner shall not tamper with evidence, influence in any way any witness.
(v) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(vi) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
I.A.No.1/2019 filed by the petitioner seeking interim bail does not require any orders to be passed, in view of the main relief having been granted. Accordingly I.A.No.1/2019 is disposed of.
Sd/-
JUDGE GJM