IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8037/2019 BETWEEN SRI. RENUKA KUMAR S/O. MARIYAPPA AGED 25 YEARS R/AT. JANATHA COLONY LAKKENAHALLI VILLAGE MUDDENAHALLI POST KANDIKERE HOBLI C.N. HALLI TALUK TUMKURU DIST – 572 216 ... PETITIONER (BY SRI. M.B. RYAKHA, ADVOCATE FOR SRI.MALLIKARJUN DODDABASAVARAJAPPA, ADVOCATE) AND THE STATE OF KARNATAKA BY RANGE FOREST OFFICER DODDAGUNI DIVISION GUBBI RANGE, GUBBI TALUK TUMKURU DIST – 572 216 REP. BY S.P.P HIGH COURT OF KARNATAKA 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 PETITIONER ON BAIL IN CR.NO.06/2019-20 (CR.NO.176/2019) OF RESPONDENT POLICE STATION, GUBBI FOR THE OFFENCE P/U/Ss.84, 86, 87, 71(a), 24(d)(e) OF KARNATAKA FOREST ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The allegations against the petitioner (A3) and other accused are that, on 08.09.2019, the respondent-police have received a credible information that, some people are cutting sandal wood trees in the forest area of Haragaladevi Gudda. Immediately, the Range Forest Officer along with officials went to the Aragaladevi Gudda forest area and found three persons were cutting sandal wood trees. They caught hold two persons and another person assaulted the complainant on his head with a club and ran away from the spot. Accused Nos.1 & 2 who were arrested have disclosed the name of the petitioner, who ran away from the spot and the complainant also identified the said person as the person, who assaulted him.
3. Looking to the above said facts and circumstances, without expressing any opinion on the merits or de-merits of the case, the Court cannot dispose of the petition without giving any finding with regard to non-culpability of accused as per Section 114 of the Forest Act. Therefore, unless and until the charge sheet or the final report is submitted by the respondent-police, the court cannot express any opinion in this case. Therefore, the petition is dismissed with liberty to the petitioner to approach the trial Court immediately after the charge sheet is filed.
Sd/-
JUDGE KGR*