IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.9004/2018 Between:
Bhaskar, S/o Erappa Gowda, Aged about 45 years, R/o Bovi Mane, Yadoor Village, Hirebyle Post, Kalasa Hobli, Mudigere Taluk, Chickmagaluru District. ..PETITIONER (By Sri.Girish .B. Baladare, Advocate) And:
State by RFO Kalasa Range, Kalasa, Reptd. by Public Prosecutor, High Court Building, Bengaluru -01. ..RESPONDENT (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section. 439 of Cr.P.C., to enlarge the petitioner on bail in the F.O.C.No.8/2018-19 by RFO, Kalasa Range, against the petitioner for the offences punishable under Sections.33, 50, 62, 80, 86, 87 and 84 of Karnataka Forest Act and Rules 144, 154, 155 and 156 of Karnataka Forest Rules.
This petition coming on for orders this day, the Court made the following;
ORDER Petitioner is in judicial custody on the basis of complaint registered in F.O.C.No.8/2018-19 by Kalasa Forest Range Officer for the offences punishable under Sections. 33, 50, 62, 80, 86, 87 and 84 of Karnataka Forest Act and Rules 144, 154, 155 and 156 of Karnataka Forest Rules.
2. It is alleged that on 02/11/2018 at 5.00 a.m, petitioner was illegally possessing 9 sandal wood billets weighing 8 k.gs worth Rs.25,000/- for the purpose of sale and the same were seized under mahazar.
3. Learned counsel for the petitioner submits that recoveries are already effected and that petitioner is ready to abide by any stringent conditions, if bail is granted.
4. Learned H.C.G.P., submits that case is still at the stage of investigation and that involvement of any other persons in the case and source of sandal wood has to be unearthed.
5. The case diary records at this stage state that there was recovery of sandal wood from the custody of the petitioner and he did not hold any permit or licence to possess them. The case is still at the investigation stage. The petitioner has failed to cross the test of proof of innocence as prescribed under Section 24(d) of the Karnataka Forest Act. Therefore, it is not a fit case to grant bail.
6. The petition is accordingly dismissed.
At this stage, learned counsel for the petitioner seeks liberty to file fresh petition after filing of the charge sheet. If there is any changed circumstance, it is open for the petitioner to seek appropriate remedy, for that liberty is not required.
Sd/- JUDGE Msu