IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.8123/2019 BETWEEN:
SRI RAMASWAMY S/O ANDI AGED ABOUT 40 YEARS RESIDING AT PULIGERE VILLAGE KARIKAD POST, ERKAD TALUK SELAM DISTRICT TAMIL NADU – 636 001. … PETITIONER (BY SRI.LAKSHMIKANTH, ADV.) AND:
STATE OF KARNATAKA BY MICO LAYOUT POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. ... RESPONDENT (BY SRI.ROHITH, B J – HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.93/2018 REGISTERED BY MICO LAYOUT POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 379 AND 411 OF IPC AND SECTIONS 86 AND 87 OF KF ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is arraigned as accused No.3 in Crime No.93/2018 for the offence punishable under Sections 379 and 411 of IPC and 86 and 87 of Karnataka Forest Act, 1963 (for short ‘The Act’). After thorough investigation, police have filed a charge sheet in C.C.No.18093/2019 and after committal, sessions case has been registered in S.C.No.1604/2019.
2. Brief facts of the case are that a person by name Dilip Rau lodged a complaint stating that on 04.04.2018 in the early hours between 3 am – 5 am, near the house of the complainant situated at MCHS Layout, IAS Colony, he found that a Sandalwood tree which was near the footpath was cut and removed. The police have thrashed out that accused Nos.1 to 3 are the persons who have cut and removed the Sandalwood tree and thereafter, they have sold the same to accused Nos.4 and 5 and only one piece of Sandalwood was recovered from accused Nos.4 and 5. The accused persons were arrested in connection with some other case and thereafter, on the basis of their voluntary statement it was found that they are also involved in this particular case. During the course of trial, it has to be established beyond reasonable doubt that the petitioner and others have actually cut and removed the Sandalwood tree in order to attract Sections 86 and 87 of the Act. When there is no recovery and eye witnesses to show that the accused persons have cut and removed the tree, at this stage, Section 104(d) of the Karnataka Forest Act is not attracted. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with (Crime No.93/2018 of MICO Layout Police Station) in C.C.No.18093/2019 pending before the 6th Addl. Chief Metropolitan Magistrate Court, Bengaluru, registered for the offence punishable under Sections 379 and 411 of IPC and Sections 86 and 87 of Karnataka Forest Act, 1963, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with Two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in 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.
Sd/- JUDGE brn