IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7455/2019 BETWEEN:
Sri Thimmaiah @ Pattu S/o Chummanna Aged about 35 years R/at Bellame Village Arakalgud Taluk Hassan District - 32 …Petitioner (By Sri Pratheep K.C, Advocate) AND:
The State of Karnataka Rep. Range Forest Officer Somwarpete Range Kodagu District Represented by its State Public Prosecutor High Court of Karnataka Bengaluru-560 001. ... 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 FOC No.32/2019-20 by Range Forest Officer, Somwarpete Range, Kodagu District for the offence punishable under Sections 2(18), 71-A-G, 80, 85, 86, 87, 104-C of Karnataka Forest Act, 1963 and under Rule 154, 155, 156 and 165 of Karnataka Forest Rules, 1969 and etc., This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The petitioner is arraigned as accused No.3 in FOC- 32/2019-20 on the file of the respondent-Range Forest Officer, Somwarpete.
2. The case of the prosecution in brief is that on 14.09.2019 the Range Forest Officer-respondent has received a credible information that some persons were cutting and removing the sandal wood in the garden land of accused No.1. Immediately, the respondent and forest officials went their and found five persons in the said land. They tried to caught those persons but four persons ran away from the spot and one person was caught i.e., accused No.1 by name Gopala and he revealed the name of other accused persons. Out of them one person was the son of accused No.1 and others are the same villagers. The recovery has already been made from the custody of accused No.1 to the extent of 34½ kgs of sandal wood. They have also seized two motor bikes and saw a chopper etc. On these allegations a case has been registered and the respondent is investigating the matter. The name of the accused persons have been surfaced only by accused No.1 wherein in his land only the sandal wood tree was cut and removed. The identification of the petitioner has already been done by the Range Forest Officer and staff. They have stated that they have seen those persons ran away so that they can identify them in future also.
3. Under the above said facts and circumstances, considering the nature of allegations and quantity of the sandal wood as the accused were not caught red handed. Whether they were actually present at that time or only on the basis of the voluntary statement of accused No.1, their names have been incorporated, subsequently has to be un-earthed during the course of trial. When such doubtful circumstances are there, Section 104(D) of Karnataka Forest Act, 1963 may not come into play. Hence, the petitioner is entitled to be enlarged on anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner (accused No.3) shall be released on bail in the event of his arrest in FOC No.32/2019-20 by Range Forest Officer, Somwarpete Range, Kodagu District for the offence punishable under Sections 2(18), 71-A-G, 80, 85, 86, 87, 104-C of Karnataka Forest Act, 1963 and under Rule 154, 155, 156 and 165 of Karnataka Forest Rules, 1969 subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when he called for.
iv) The petitioner shall not leave the jurisdiction without prior permission of the I.O., till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in fifteen days i.e.,on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
ssb Sd/- JUDGE