IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CRIMINAL PETITION No.2687 OF 2019 BETWEEN Shankaraiah, S/o. Kataiah, Aged about 45 years, R/at No.Sondenahalli, Gollarahatti, Godekere Post, Shettikere Hobli, C.N.Halli Taluk, Tumkuru District-572214.
(By Sri. Mariswamy N., Advocate) AND State of Karnataka, By C.N.Halli Police, Rep. by Special Public Prosecutor, High Court Complex, Bengaluru-560001. (HCGP - Absent) …Petitioner …Respondent This Criminal Petition is filed under Section 438 Cr.P.C. praying to enlarge the petitioner on bail in event of his arrest in Cr.No.37/2018 of Chikkanayakanhalli Police Station, Tumakuru for the offence punishable under Section 143, 147, 148, 353, 504, 506, 379 read with Section 149 of IPC and Section 24(E) 62 of Karnataka Forest Act 1963.
This Criminal Petition coming on for orders this day, the court made the following:
ORDER Heard the petitioner’s counsel. The High Court Government Pleader is absent.
2. This petition is filed under section 438 Cr.P.C. by accused No.1 in connection with a complaint registered in Crime No. 37/2018 for the offences under sections 143, 147, 148, 353, 504, 506, 379 read with section 149 IPC and sections 24E and 62 of the Karnataka Forest Act. Investigation is completed and charge sheet is filed. In the charge sheet it is stated that all the accused went to the forest for cutting some trees for gathering firewood in connection with the marriage of daughter of the fifth accused. At the time of felling the trees, probably there might have taken place a brawl between the forest guard and the accused persons.
3. Petitioner is a resident of Sondenahalli, Chikkanayakanahalli Taluk. The presence of the petitioner can be secured for the purpose of trial. In Crl.P.155/2019 the other accused persons are granted anticipatory bail. Therefore, parity is also applicable.
4. In these circumstances, petition stands allowed.
In the event of arrest of the petitioner he shall be released on bail by obtaining from him a personal bond for Rs.2,00,000/- with two sureties for the likesum of the satisfaction of the investigation officer. The petitioner shall appear before the trial court regularly. He shall not tamper with the prosecution witnesses in any manner and threaten or induce the witnesses.
SD/- JUDGE ckl