IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7686 OF 2019 BETWEEN:
THABREJKHAN @ BABLU, S/O FIROZ KHAN, AGED ABOUT 24 YEARS, RESIDENT OF No.9407, B.M.STREET CROSS, NEAR TO MASJID, CHANNAPATANNA TOWN, RAMANAGARA DISTRICT – 562 159 ...PETITIONER (BY SRI. JAGADEESH MURTHY K.M., ADVOCATE) AND:
THE STATE OF KARNATAKA BY JALAHALLI POLICE STATION, R/B PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
…RESPONDENT (BY SRI.ROHITH.B.J., HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.80/2019 OF JALAHALLI POLICE STATION, BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 24, 62, 80, 86 AND 87 OF KARNATAKA FOREST ACT, 1963 AND RULES 144 AND 145 OF THE KARNATAKA FOREST RULES, 1969 READ WITH SECTION 379 AND READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860.
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 High Court Government Pleader for the respondent – State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.80/2019 for the offences punishable under Sections 24, 62, 80, 86 and 87 of the Karnataka Forest Act, 1963 and Rules 144 and 145 of the Karnataka Forest Rules, 1969 and Section 379 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’).
3. The brief facts of the case are that a credible information has been received by the respondent – Police on 02.08.2019 that some people were selling red sandal wood near HMT ground, ISRO Quarters, Jalahalli, Bengaluru and respondent – Police visited the said spot and apprehended accused Nos.1 and 2. Police found that accused possessed a bag containing weight of 30 kgs and 500 grams of red sandal wood. Same was seized. During the course of investigation, respondent found that accused Nos.1 and 2 were indulged in committing theft of red sandal wood and accused No.4 is the person who was getting purchasers to the said red sandal wood. Therefore, on the voluntary statement of the other accused persons, this petitioner has been nabbed by the respondent – Police on 07.08.2019. Till this day no material has been placed to show the connectivity between the accused Nos.1 and 2 and accused No.4 and what was the conspiracy being hatched by them in this regard.
4. The other accused persons i.e., accused Nos.2 and 4, who are similarly placed as that of the petitioner – accused No.1 have already been released on bail by this Court in Crl. P. Nos.6252/2019 and 6251/2019 respectively, vide orders dated 18.09.2019 and 13.09.2019 respectively. The petitioner is also entitled to be enlarged on bail on the ground of parity as the allegations made against him have to be established during the course of full dressed trial. Though red sandal wood has been seized from the custody of the accused, it does not fall under the category of sandal wood so as to attract the provisions of Sections 86 and 87 of the Karnataka Forest Act, 1963. Therefore, the rigour of Section 108 of the Forest Rules, 1969 is not attracted. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner (accused No.1) – Thabrejkhan @ Bablu shall be released on bail in connection with Crime No.80/2019 registered by Jalahalli Police Station, Bengaluru City, for the offences punishable under Sections 24, 62, 80, 86 and 87 of the Karnataka Forest Act, 1963 and Rules 144 and 145 of the Karnataka Forest Rules, 1969 and Section 379 read with Section 34 of the IPC., subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like- sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE sma