K.M Thimmaiah So MuddappA. Vs. the Station House Officer Ponnampet Police Station - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/925499 |
| Subject | Criminal |
| Court | Karnataka High Court |
| Decided On | Feb-29-2012 |
| Case Number | CRIMINAL PETITION NO.1214 OF 2012 |
| Judge | SUBHASH B ADI, J. |
| Acts | Indian Penal Code (IPC) - Section 406, 408, 420, 465, 468, 471, 477A, 379, 34; Karnataka Forest Act, 1963 - Sections 62, 71(A), 144, 104(A); Karnataka Forest Rules - Rule 127(A), 165; Karnataka Preservation of Trees Act, 1976 - Sections 8, 15, 19 |
| Appellant | K.M Thimmaiah So MuddappA. |
| Respondent | The Station House Officer Ponnampet Police Station. |
| Advocates: | SRI R.K.MAHADEV. ADV. |
Excerpt:
[subhash b adi, j.] indian penal code - section 406, 408, 420, 465, 468, 471 - punishment for criminal breach of trust -- that criminal petition filed under section 438 of cr.p.c. to release the petitoner on bail in the event of his arrest in cr. no,160/2011 of ponnampet police station, madikeri for the offences punishable under section 406, 408, 420, 465, 468, 471, 477-a, 379 r/w 34 of ipc, section 62, 71(a), 144, 104(a) of the karnataka forest act, 1963 and rule 127(a) and 165 of the karnataka forget rule and section 8, 15 and 19 of the karnataka preservation of tree act, 1976.1. the petitioner is accused no .3 has crime no.160/ 2011 registered by ponnampet police madikeri for the offence punishable under sections 406, 408, 420, 465, 468, 471, 477-a, 379 r/w 34 of ipc, sections 62, 71(a), 144, 104(a) of the karnataka forest act, 1963 and rule 127(a) and 165 of the karnataka forest rules and sections 8, 15 and 19 of the karnataka preservation of trees act, 1976.2. though the matter is under investigation, however, it is brought to ray notice that accused no.1 has been granted anticipatory bail in crlp.no.6915/2011 dated 29.12.2011 and similarly, accused nob.2 and 4 have also been granted anticipatory bail in crlp.no.6828/ 2011 dated 9.1.2012.3. having regard to the same, i find that tins petitioner could also be granted anticipatory bail.4. accordingly, petition.....
Judgment:1. The petitioner is accused No .3 has Crime No.160/ 2011 registered by Ponnampet police Madikeri for the offence punishable under Sections 406, 408, 420, 465, 468, 471, 477-A, 379 r/w 34 of IPC, Sections 62, 71(A), 144, 104(A) of the Karnataka Forest Act, 1963 and Rule 127(A) and 165 of the Karnataka Forest Rules and Sections 8, 15 and 19 of the Karnataka Preservation of Trees Act, 1976.
2. Though the matter is under investigation, however, it is brought to ray notice that accused No.1 has been granted anticipatory bail in CrLP.No.6915/2011 dated 29.12.2011 and similarly, accused NOB.2 and 4 have also been granted anticipatory bail in CrLP.No.6828/ 2011 dated 9.1.2012.
3. Having regard to the same, I find that tins petitioner could also be granted anticipatory bail.
4. Accordingly, petition is allowed. In the event of arrest of the petitioner by Ponnampet Police, Madikeri in Crime No.160/2011, the Police shall interrogate him and after interrogation, the petitioner shall be released on anticipatory bail subject to following conditions:
i) Petitioner shall tare cute a personal bond for a sum of 25,000/- with two solvent sureties for the likesum amount to the satisfaction of the jurisdictional police.
ii) Petitioner shall regularly attend the Court on bearing dates.
iii) Petitioner shall not tamper with the prosecution witnesses.
This order of anticipatory bail shall remain in force for a period of two months from the date of receipt of copy of this order, hi the meanwhile, petitioner shall seek regular bail.