IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1851/2019 BETWEEN SRINIVASA S/O RATHNAM, AGED ABOUT 45 YEARS, R/O MALIKOPPA VILLAGE, LAKKAVALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALORE DISTRICT-577228.
(BY SRI B S PRASAD, ADV.) AND STATE OF KARNATAKA BY THE WILD LIFE OFFICER, R.F.O LAKKAVALLI RANGE REP BY SPP, HIGH COURT BUILDING, BANGALORE-560001.
... PETITIONER ... RESPONDENT (BY SMT. NAMITHA MAHESH B G, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN F.O.C.NO.8/2018-19 OF WILD LIFE OFFICER, R.F.O., LAKKAVALLI RANGE, CHIKKAMAGALURU DISTRICT FOR THE OFFENCE P/U/S 84,85,86 AND 87 OF KARNATAKA FOREST ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This case is taken out of turn on the submission made by the learned counsel for the petitioner as the petitioner-accused No.1 is suffering with kidney related disease and he wants to take the medical treatment.
2. This petition has been filed by the petitioner/accused No.1 under Section 439 of Criminal Procedure Code praying to release him on bail in F.O.C. No.8/2018-19 of The Wild Life Officer, R.F.O., Lakkavalli Range for the offence punishable under Sections 84, 85, 86 & 87 of Karnataka Forest Act, 1963.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
4. Gist of the complaint is that RFO, Bhadra Wild Life range Lakkavalli registered a case against unknown persons in F.O.C. No.8/2018-19 alleging that there was a crime registered in respect of theft of sandalwood at Singanamane minor forest area, but accused persons are not traced, hence they sent FIR to jurisdictional magistrate. Upon enquiry, the accused/petitioner gave voluntary statement and confessed that he had cut the sandalwood trees illegally within the premises of Kuvempu University, Smruthi Vana and he cut down sandalwood trees by using saw. When he enquired with the officer and security guard of the said university, he was informed that during night somebody have cut the sandalwood trees. On the basis of the said information, he drawn the mahazar and seized 86 Kgs. of sandalwood from the place and subsequently the accused/petitioner was apprehended and during his voluntary statement he has stated that he cut the said sandalwood trees by using saw. On the basis of the said voluntary statement, after investigation a charge sheet has been filed.
5. It is the submission of the learned counsel for the petitioner/accused that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that on the basis of voluntary statement, he has been implicated in this case. No incriminating material to show that the petitioner is involved in the alleged offences. It is further submitted that no recovery has been made at the instance of the accused/petitioner. The custodial continuation of the petitioner is not necessary. Learned counsel further submitted that the petitioner/accused is ready to abide by the conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner is a habitual offender and he is involved in one more case i.e. F.O.C. 7/2018-19 and therein also he cut the sandalwood trees and he also admitted the same in his voluntary statement. She further submitted that nearly about 86 Kgs. of sandalwood was seized from the spot which has been cut by the accused/petitioner along with other accused persons. If the petitioner is enlarged on bail, he may again involve in similar types of criminal activities. On these grounds, she prayed to dismiss the above petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. Already the charge sheet has been filed. The alleged offences are not punishable with death or imprisonment for life. The trial of the offences may take some more time. Be that as it may, it is the submission of the learned counsel for the petitioner that the accused/petitioner is suffering with kidney related disease and he wants to take up the treatment at the hospital. Even as could be seen from the order of the trial court, there also some reports have been produced from the Sindhu Urology Hospital, Shivamogga wherein, the patient has been treated for an ultra sound scanning and therein also he has suffered with kidney related disease. Under the said circumstances, I feel that if by imposing some stringent condition if the petitioner/accused is ordered to be released on bail, then it would meet the ends of justice.
9. In that light the petition is allowed. The accused/petitioner is ordered to be released on bail in F.O.C. No.8/2018-19 of The Wild Life Officer, R.F.O., Lakkavalli Range for the offence punishable under Sections 84, 85, 86 & 87 of Karnataka Forest Act, 1963 subject to the following conditions:-
ORDER 1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall not indulge in similar type of criminal offences. If he involve again, the trial court is at liberty to cancel the bail.
5. He shall mark his attendance once in a month on every first of the month, till the trial is concluded.
Chs* CT:HR Sd/- JUDGE