Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No.2054 OF 2025 BETWEEN: KUMAR R S/O RAJENDIRAN AGED ABOUT 27 YEARS R/AT NO.1/210 SAMATHANA NAGAR EMAKKALNATHAM BARGUR BARGUR R F KRISHNAGIRI EMAKKALANATHAM TAMIL NADU 635 104 PIN CODE 562114 …PETITIONER (BY SRI RAJU C N, ADVOCATE) AND:
STATE BY RANGE FOREST OFFICER (RFO) Digitally MADDURU WILD LIFE RANGE signed by NANDINI MS MADDURU Location: REPRESENTED BY SPP HIGH COURT High Court of Karnataka OF KARNATAKA AT BANGALORE
PIN CODE 560009 …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CODE OF CRIMINAL PROCEDURE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN FOC.No.05/2024-25 OF MADDURU WILD LIFE RANGE, MADDURU, GUNDULUPET TALUK, CHAMARAJANAGAR, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, GUNDLUPET, FOR THE OFFENCE PUNISHABLE UNDER SECTION 24(c)(ii), 62, 62(3)(a), 62(B), 62(C), 84 R/W 86 OF KARNATAKA FOREST ACT, ALLOWING THIS PETITION. -2-
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in FOC No.5/2024-25 of Madduru Wild Life Range, Gundlupet Taluk, Chamarajanagara, pending before the Court of the Senior Civil Judge and JMFC, Gundlupet, registered for the offence punishable under Sections 24(c)(ii), 62, 62(3)(a), 62B, 62C, 84 r/w 86 of the Karnataka Forest Act, 1963, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Heard the learned counsel for the parties.
3. FIR in FOC No.05/2024-25 was registered by the Range
Forest Officer, Madduru Wild Life Range, Gundlupet, for the aforesaid offences against the petitioner and three others and, during the course of investigation of the said case, petitioner herein was arrested on 29.11.2024 and thereafter, remanded to judicial custody.
4. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.505/2024 was -3- rejected on 15th January 2025, and therefore, petitioner is before this Court.
5. Learned counsel for the petitioner submits that petitioner
has no other criminal matters. Till date, investigation is not completed and final report is not filed and therefore, petitioner is entitled for statutory bail. Accordingly, he prays to allow the petition.
6. Per contra, Sri Vinay Mahadevaiah, learned High Court Government Pleader opposes the petition. On instructions, he submits that till date final report is not filed.
7. As per the averments of the first information, on
29.11.2024 when the first informant and his staff were on patrolling duty, they found some persons carrying wooden logs and after seeing the first informant and his staff, the said persons tried to run away from the spot.
8. Petitioner was apprehended by the first informant and his
staff, and three other accused persons managed to escape from the spot. On enquiry, petitioner revealed his name as R.Kumar, S/o Rajendiran and he also revealed the names of -4- other accused persons who were present along with him and had managed to escape.
9. It was found that accused persons were transporting 72.15
kg of Sandalwood logs. The same were seized under panchanama and thereafter, seized sandalwood logs and apprehended accused were brought to police station and FIR was registered against the petitioner and three others.
10. Petitioner is in custody in the present case since
29.11.2024. It is not in dispute that petitioner has no other criminal antecedents. Investigation in the present case is not completed as on date and no final report is filed till date. Therefore, in view of Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, petitioner is entitled for statutory bail.
11. Accordingly, the following:
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in FOC No.05/2024-25 registered by the Range Forest Officer, Madduru Wild Life Range, Madduru, Gundlupet, Chamarajanagara, registered for the offences punishable under Sections 24(c)(ii), 62, 62(3)(a), 62B, 62C, 84 r/w 86 of the Karnataka Forest Act, subject to the following conditions: -5-
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum of which one shall be the local surety, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall appear before the Investigation Officer and mark his attendance on the first Sunday of every month between 10.00 am and 01.00 pm till investigation is completed and final report is filed in the present case. f) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE kcm List No.: 1 Sl No.: 59