IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8107 OF 2019 BETWEEN:
SRI. NAGARAJA @ KUTTI, S/O MANI, AGED ABOUT 30 YEARS, R/O THAMILIANS STREET, NEAR WATER TANK, GONDI, CHATNAHALLI, SHIMOGA, PIN - 577201. ...PETITIONER (BY SRI H MALATESH, ADVOCATE) AND:
THE STATE THROUGH RANGER FOREST OFFICER, BADRE WILD LIFE RANGE, LAKKAVALLI, CHIKKAMAGALURU DISTRICT (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU) - 01. …RESPONDENT (BY SRI ROHITH B.J, 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 CONNECTION WITH FOC NO.10/2018-19 OF RANGE FOREST OFFICE OF BHADRA WILD LIFE, LAKKAVALLI RANGE FOR THE OFFENCE P/U/S 84,85,86 OF KARNATAKA FOREST ACT AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.2 in the charge sheet filed by the respondent Police in FOC No.10/2018-19 for the alleged offence punishable under Sections 84, 85 and 86 of Karnataka Forest Act, 1963, pending in CC.No.440/2019 on the file of Civil Judge and Addl. JMFC, Tarikere, Chikkamagaluru.
3. The allegations as could be seen from the charge sheet papers are that on 25.09.2018, the Range Forest Officer attached to Lakkavalli Hobli, Kundur Minor Forest, informed that there was a theft of sandalwood tree in the jungle resort of Kundur minor forest area. Immediately, the Assistant Range Forest Officer and his staff went to that particular place and found that some people have cut and removed sandalwood tree and left only one piece of sandalwood at the spot. The respondent did not have any clue at that point of time. However, they registered a case in FOC No.10/2018-19 and thereafter, on 26.09.2018 they have arrested accused No.1-Manjunath and another person by name Rakesh in connection with forest offence case No.11/2018-19 and this petitioner was shown as absconding accused. On recording of the voluntary statement of accused No.1, he disclosed the name of this petitioner. On 10.10.2018, the petitioner was also arrested and the spot mahazar was drawn thereafter.
4. Looking to the above said facts and circumstances, it appears that except the voluntary statement of accused, no other materials are available in order to attract the provisions of Sections 85 and 87 of the Karnataka Forest Act. However, the factum that accused actually cut and removed and transported the sandalwood has to be proved beyond reasonable doubt during the course of full fledged trial. When the attraction of provisions of Sections 85 and 87 of the Karnataka Forest Act are doubtful, at this stage in my opinion Section 104D of Karnataka Forest Act has no application. Hence, petition deserves to be allowed. Hence, the following :
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with FOC No.10/2018-19 of Range Forest Officer of Bhadra Wild Life, Lakkavalli Range for the alleged offences, pending in CC.No.440/2019 on the file of Civil Judge and Addl. JMFC, Tarikere, Chikkamagaluru, subject to the following conditions:-
i) The petitioner shall surrender himself before the Jurisdictional Court within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the concerned Jurisdictional Court.
ii) The petitioner shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
BSR Sd/- JUDGE