IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.74/2019 BETWEEN:
1. Sri.Prakash, S/o. Peerya Naika, Aged about 28 years, R/o. Aladahalli Village, Kadur Taluk, Chikkamagaluru District, 577101.
2. Sri.Venkatesh, S/o. Naga Naika, Aged about 25 years, R/o. Billenahalli Thandya, Tarikere Taluk, Chikkamagaluru District, 577101. ...Petitioners (By Sri. Girish.B.Baladare, Advocate) AND:
State by Dy.Range Forest Officer, Lingadahalli Branch, Tarikere Range, Chikkamagaluru District.
Represented by Public Prosecutor, High Court Building, Bengaluru-01. ... Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in FOC No.49/2018-19 registered by Deputy RFO Lingadahalli Branch, Tarikere Range, against the petitioners for the offence p/u/s 2(18), 50, 62, 84, 86, 87, 71 of the Karnataka Forest Act and contravention of the provisions of the Rule 144, 165 of the Karnataka Forest Rules.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C., praying this Court to release them on anticipatory bail in the event of their arrest in FOC No.49/2018-19 registered by Deputy RFO, Lingadahalli Branch, Tarikere Range for the offences punishable under Sections 2(18), 50, 62, 84, 86, 87 and 71 of the Karnataka Forest Act, 1963 and contravention of the provisions of the Rule 144 and 165 of the Karnataka Forest Rules, 1969.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. Genesis of the complaint is that on 04.12.2018, the forest officials got credible information of illegal transportation of the forest products. Accordingly, forest officials were watching near Santhe Maidan of Lingadahalli. At about 7.30 p.m., they saw a car coming from Santhe Maidana. They suspected about commission of crime by use of the said car. They started following the said car. At Koracharahatti, said car was stopped. At that time, a person brought white colour hand bag and gave to inmates of the car and they took it. After receiving the bag, the said car started moving towards Aladahalli. The Forest Officials continued following the said car. It appears driver and inmates of the car suspected that officials of forest department were following their car. They stopped the car and two person sitting in the car ran away from the spot. The Forest Officials tried to apprehend them but, they were unsuccessful. It is the further case of the prosecution that the forest officials inspected the car and they found a person sitting inside the car. On enquiry, they came to know that the name of the said person was Naveen Kumar. Forest Officials enquired him and Naveen Kumar informed the forest officials that he is a dealer in fertilizers and accused No.1 purchased fertilizer from him worth Rs.15,000/- on credit basis. Accused No.1 told Naveen Kumar to come to Lingadahalli so that he will pay the said dues. Believing the said words, he came in the said car and was going towards Lingadahalli. He also told about receiving of one bag by accused Nos.1 and 2 at Koracharahatti cross. Forest Officers in the presence of witnesses searched the car and found sandalwood weighing about 26.300 kgs. The forest officials seized the said sandalwood under mahazar in the presence of witnesses and also seized the vehicle and a case has been registered.
4. It is the submission of the learned counsel for petitioners that only on the basis of the statement of Naveen Kumar, accused Nos.1 and 2 have been added as accused. But the said Naveen Kumar has not been added as an accused. It is further submitted that already accused No.3 has been released on bail by the District Court. So no role has been played by accused Nos.1 and 2 and no recovery has been made from them. It is further submitted that the accused-petitioners are innocent and are ready to abide by any conditions that may be imposed on them by this Court and are ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that since from the date of registration of the case, accused persons are absconding and they have not co-operated with the investigation. It is further, submitted that after seeing the police officials, they ran away from the said place and sandalwood weighing about 26.300 kgs have been seized. It is a huge quantity of the sandalwood. The accused-petitioners are involved in committing the said offence and, if they are released on bail, they may again indulge in similar type of criminal activates. There presence is very much necessary for the purpose of interrogation and for test identification parade. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition.
7. On close reading of the complaint and other materials, it indicates that the name of the petitioner/accused Nos.1 and 2 have been added on the basis of the statement given by Naveen Kumar. In his statement, it is clearly stated that he is a fertilizer dealer and in order to take money he came to meet the accused persons. As such, he has not been added as accused. But the quantity of the sandalwood, which has been seized is 26.300 kgs, is a huge quantity. Under the said facts and circumstance, I feel that it is not a fit case to exercise the discretion under Section 438 of Cr.P.C. hence, it is dismissed.
The above observations will not come in the way, if the accused surrenders and files an application for regular bail.
Sd/- JUDGE VBS