Full Judgment
1. In this petition filed under Section 438 Cr.P.C, the petitioner who has been arrayed as accused No.1 in FOC No.45/11-12 of Range Forest Officer (for short "RFO"), Hanagere Wild Life Division. Arasalu of Shimoga Taluk has sought for relief of anticipatory bail.
2. According to the case of the prosecution. RFO, Hanagere Wild Life Division. Arasalu. received credible information on 18.1.2012 about some persons illegally felling trees in the reserved forest and stalking them for the purpose of transportation etc. Immediately, IFO secured the presence of panchas, apprised them about the information received by him and along with his staff and panchas went near the house of this petitioner Chandrappa son of Subbe Gowda situated in Demalapura. On seeing the official jeep and the forest officials, four persons who were working in the trench near the house of the petitioner ran away from the place. However one among them was identified as Chandrappa son of Subbe Gowda, the petitioner herein. On verification inside the trench they noticed cut beete tree logs and also honne tree logs and pieces. On further verification, at a distance of about 1/2 km. from that place they noticed recently cut bud of beete tree and on verification, the logs stored in the trench near the house of the petitioner found tallying with the cut bud of the tree inside the forest. Thereafter, the stalked logs and pieces of beete and honne trees were seized and on the basis of the report of the RFO, case came to be registered in FOC No.45/11-12 for the offences punishable under Sections 24, 24E, 62, 104A of Karnataka Forest Act, 1963 and Rules 144, 165, 127A r/w Sections 27 and 51 of Wild Life Protection Act. 1972 and investigation was taken up. On coming to know of the registration of the case, the petitioner filed petition under Section 438 Cr.P.C before the learned Sessions Judge. Shimoga seeking relief of anticipatory bail.
However, the said petition came to be rejected. Therefore, the petitioner is before this Court.
3. The petition is opposed by the respondent State.
4. I have heard both sides. Perused the records' made available.
5. Admittedly, the petitioner has been arraigned as accused in the case registered by the respondent - RFO for the aforesaid offences. Thus the petitioner is accused of committing non-bailable offences. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded.
6. Even according to tire case of the prosecution, when the forest officials went near the house of the petitioner, they saw four persons who were in the trench running away from the place. Though it, is stated in the mahazar drawn at the scene of occurrence that one of those four persons came to be identified as Chandrappa son of Subbe Gowda-the petitioner herein, it is not stated as to who identified him. Merely because the stalked logs of trees were found near the house of this petitioner, it cannot be presumed that the petitioner was responsible for the same. Having regard to the facts and circumstances of the case, I am of the considered opinion that there are no reasonable grounds to believe that the petitioner is guilty of any of the offences alleged. Therefore, the petitioner is entitled to relief of anticipatory bail.
8. Accordingly, the petition is allowed. The respondent - Range Forest Officer. Hanagere Wild Life Division, Arasaiu of Shimoga Taluk is hereby directed to release the petitioner herein on bail, in the event of his arrest in connection with the case in FOC No.45/11-12 of said Range Forest Office, Hanagere Wild Life Division, Arasaiu, on his executing a personal bond for a sum of Rs.50,000/- with two sureties for the like-sum to the satisfaction of the Investigating Officer and also subject to further conditions that,
i) Upon such arrest and release, the petitioner shall appear before the Investigating Officer as and when so required & co operate with the investigation of the case.
ii) The petition shall has indulge in any acts similar to the one alleged in the case;
iii) The petition should not temper in the prosecution witness in any manner;