Karnataka High Court
Ismayil Khan vs The State Of Karnataka on 6 November, 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.5470 OF 2020
BETWEEN
1. Ismayil Khan,
S/o. Amanulla Khan,
Aged about 40 years,
R/o. Basavapattana Village,
Channagiri Taluk and
Davanagere District-573113.
2. Riyaz Basha,
S/o. Late Imiyaz Basha,
Ageda bout 38 years,
R/o. Basha Nagara, Srinagarbagu,
Basavapattana Post,
Channagiri Taluk &
Davanagere District-573113.
...Petitioners
(By Sri. Deepak S. Shetty, Advocate)
AND
The State of Karnataka
By Basavapattana Police Station,
Represented by
State Public Prosecutor,
High Court of Karnataka,
Bengaluru-560001.
...Respondent
(By Sri. B.J.Rohith, HCGP)
2
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioners on bail in
Cr.No.98/2020 registered by Basavapatna Police Station,
Davanagere for the offence punishable under Section
41(D) and 102 of Cr.P.C. and Section 379 of IPC and
Sections 86 and 87 of Karnataka Forest Act.
This Criminal Petition coming on for orders this day
through video conferencing, the Court made the following :
ORDER
Heard the petitioners' counsel and the learned High Court Government Pleader for respondent-State.
2. This is a petition under Section 439 of Cr.P.C., The petitioners are accused No.1 and 2 in Crime No.98/2020 registered by the respondent-police for the offences punishable under Sections 379 of IPC, Section 41(D) and 102 of Cr.P.C., and Sections 86 and 87 of Karnataka Forest Act.
3. According to prosecution, the PSI of Basavapatna police station with two police constables was 3 going to another village on a regular beat, at that time she saw two persons riding a motorcycle in their front carrying a plastic bag. She suspected their movements, she asked them to stop, but they did not stop and therefore she chased them and then was able to recover 9 sandal pieces from them. A panchanama was drawn and sandal pieces were seized. They told that they were going to Shivamogga for selling the sandal pieces to accused No.3, Imtiyaz. Investigation is not yet completed.
4. According to learned High Court Government Pleader, accused No.3 is to be arrested.
5. The sandal wood pieces have already been seized from the petitioners. They may not be necessary for any further investigation. If accused No.3 is not yet arrested, granting of bail to the petitioners will not come in the way of arresting accused No.3. He is said to be the purchaser of sandal wood pieces. Moreover it appears that petitioners are not involved in any other criminal case/s. 4 Their presence may be secured for trial. Hence the following:
ORDER Petition is allowed.
The petitioners 1 and 2 are ordered to be released on bail in connection with Crime No.98/2020 registered by Basavapatna Police Station, Davanagere on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) and furnishing two sureties for the likesum to the satisfaction of the jurisdictional Court. The petitioners are also subjected to following conditions:
i. They shall co-operate with the investigating officer for investigation purpose ii. They shall not tamper with the evidence collected by the investigating officer iii. They shall not directly or indirectly threaten the witnesses iv. They shall mark their attendance in the police station once in a week preferably on 5 Sunday between 9.00am and 12.00noon till completion of trial.
v. They shall regularly appear before the Court for trial, without fail.
Sd/-
JUDGE Kmv/-