Karnataka High Court
Ravi And Anr vs The State on 26 September, 2023
-1-
NC: 2023:KHC-K:7687
CRL.P No. 201394 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T.
CRIMINAL PETITION NO.201394/2023
BETWEEN:
1. RAVI
S/O. RAMSHETTY RATHOD
AGED: 26 YEARS, OCC: COOLIE
R/O. BAGDAL THANDA,
TQ. AND DIST. BIDAR -585226.
2. RAVI @ RAVINDRA
S/O. JAISHING JADHAV
AGED: 45 YEARS, OCC: AGRICULTURE
Digitally signed
by SHILPA R R/O. HALAHALLI THANDA,
TENIHALLI TQ. BHALKI
Location: HIGH DIST. BIDAR -585436.
COURT OF
KARNATAKA ...PETITIONERS
(BY SRI ANIL KUMAR NAVADAGI AND
SMT. VIJAYALAXMI NAVADAGI, ADVOCATES)
AND:
THE STATE THROUGH
BHALKI RURAL POLICE STATION,
TQ. BHALKI
DIST. BIDAR
-2-
NC: 2023:KHC-K:7687
CRL.P No. 201394 of 2023
BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585103.
...RESPONDENT
(BY SRI J. SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS
ON BAIL IN CRIME NO.82/2023 OF BHALKI RURAL POLICE
STATION, BIDAR DISTRICT, REGISTERED FOR OFFENCES
UNDER SECTIONS 86 AND 87 OF KARNATAKA FOREST
ACT AND SECTION 379 OF IPC, PENDING ON THE FILE OF
ADDL. CIVIL JUDGE AND JMFC BHALKI.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for petitioners and learned High Court Government Pleader for respondent-State. 2. This petition is filed by accused Nos.1 and 2 under Section 439 of Cr.P.C., praying to grant bail in Crime No.82/2023 registered by the respondent - Police for the offences punishable under Sections 86 and 87 of Karnataka Forest Act, 1963 (for short 'the said Act') and Section 379 of IPC.
-3-
NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023
3. Brief facts of the prosecution case are as under:
On the intervening night between 26.06.2023 and 27.06.2023 eight sandalwood trees in the land of first informant were cut and stolen by unknown persons; thus, on 28.06.2023 owner of land lodged a complaint; on 29.07.2023 on receipt of credible information, the complainant intercepted a car bearing registration No.KA-
40/M-9888 on road towards Hyderabad near Annehalla, at that time petitioners and accused No.3 were in car and on being search 3 [three] plastic bags were found, where 60 Kgs., of sandalwood billets were found; thus without permission the petitioners and accused No.3 transporting the sandalwood which were cut and stolen from the land of complainant. The PSI conducted seizure panchanama in the presence of panchas and seized the sandalwood billets, in turn, remanded the petitioners to judicial custody.
4. Learned counsel for petitioners contended that the petitioners are innocent, they have not committed any -4- NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023 offence and they are law abiding citizen; the PSI has not complied Sections 62(3) and 71-A of the said Act; petitioners are the sole bread earners of their respective families and they are ready to abide by conditions that may be imposed by this Court. Hence, prayed for grant of bail.
5. Per contra, learned High Court Government Pleader for respondent - State contended that the petitioners are habitual offenders; they have been involved in another case viz., in Crime No.30/2023 of the same Police Station; if they are released on bail, they may commit similar offences and they may flee away from justice. Thus, prayed for rejection of bail petition.
6. On perusal of the material available on record, it appears that on 29.07.2023 the PSI of Bhalki Rural Police Station seized 60 Kgs., of sandalwood billets from the Car of accused No.3, which he was transporting without any license. While PSI of Bhalki Rural Police Station was searching the vehicle, these petitioners were -5- NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023 present in the car. As per the contents of FIR these petitioners have committed theft of sandalwood trees from the land of complainant.
7. Section 104-D of the Karnataka Forest Act is special provision regulating bail matters in respect of offences under Karnataka Forest Act. As per said Section the accused seeking bail for the offences committed under Sections 86 and 87 of Karnataka Forest Act, the accused has to satisfy the Court that there are reasonable grounds for believing that he is not guilty of the said offences. In the instant case, the petitioners were traveling in the vehicle of accused No.3, wherein accused No.3 was transporting sandalwood billets weighing 60 Kgs., in his Car with having knowledge and conscious of possession of sandalwood billets in his Car. Therefore, there was prima facie case against accused persons of the offence punishable under Section 87 of Karnataka Forest Act. A perusal of complaint and seizure panchnama reveals that the PSI of Bhalki Rural Police Station seized the -6- NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023 sandalwood billets from the Car of accused No.3. At this juncture it is just and necessary to extract Section 62(3) of Karnataka Forest Act, 1963, which reads as under:
"62(3) Every officer seizing any property under this section 1 [x x x]1 shall, as soon as may be, 2 [make a report of such seizure,-- (a) where the offence on account of which the seizure has been made is in respect of timber, ivory, 3 [gulmavu (machilus macrantha) bark, dalchini bark, halmaddi (exudation of ailanthus malabaricum), canes]3 , firewood or charcoal which is the property of the State Government or in respect of sandalwood, to the concerned authorised Officer under section 71A; and (b) in other cases, to the magistrate having jurisdiction to try the offence on account of which the seizure has been made;]"
8. Further, Section 71A of Karnataka Forest Act, 1963 reads as under:
"71A. Confiscation by Forest Officers in certain cases.--
(1) Notwithstanding anything contained in the foregoing provisions of this Chapter 2 [or in any other law]2 , where a forest offence is believed to have been committed in respect of timber, 3 [ivory, -7- NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023 4 [gulmavu (machilus marantha) bark, dalchini bark, Halmaddi (exudation of ailantus malabricum), canes]4 , firewood and charcoal which is the property of the State Government or in respect of sandalwood]3 , the officer seizing the property under sub-section (1) of section 62 shall, without any unreasonable delay produce it, together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence, before an officer authorised by the State Government in this behalf by notification in the official Gazette, not being below the rank of an Assistant Conservator of Forests (hereinafter referred to as the authorised officer).
(2) Where an authorised officer seizes under sub-section (1) of section 62 any timber, 1 [ivory, firewood 2 [gulmavu (machilus marantha) bark, dalchini bark, halmaddi (exudation of ailantus malabricum), canes]2 and charcoal which is the property of the State Government or any sandalwood]1, or where any such property is produced before an authorised officer under sub- section (1) and he is satisfied that a forest offence has been committed in respect of such property, such authorised officer may, whether or not a prosecution is instituted for the commission of such forest offence, order confiscation of the property so -8- NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023 seized together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence. (3) (a) Where the authorised officer, after passing an order of confiscation under sub-section (2), is of the opinion that it is expedient in the 386 Forest [1964: KAR. ACT 5 public interest so to do, he may, order the confiscated property or any part thereof to be sold by public auction.
(b) Where any confiscated property is sold, as aforesaid, the proceeds thereof, after deduction of the expenses of any such auction or other incidental expenses relating thereto, shall where the order of confiscation made under section 71A is set aside or annulled by an order under sections 71C or 71D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order."
9. Sections 62(3) and 71-A of Karnataka Forest Act mandate that every Officer seizing any property under these Sections shall make a report of such seizure to the concerned Officer under Section 71-A of the Karnataka Forest Act. For the purpose of Section 71-A, the Officer would not be below the rank of Assistant Conservative -9- NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023 Officer of Forest. In the instant case the PSI has not submitted his report to Assistant Conservative of Forest and therefore the Investigating Officer has not complied the mandatory requirement as stated under Section 62(3) and 71-A of the Act.
10. It is the contention of the learned High Court Government Pleader that the petitioners are habitual offenders. On perusal of the FIR, Complaint, Seizure panchnama and other materials available on record, it appears that the Principal District and Sessions Judge, Bidar has granted bail in Crime No.30/2023 in favour of accused No.3 in Crl.Misc.No.454/2023 dated 22.08.2023 in respect of similar offence. Also this Court has granted bail in favour of accused No.3 in Crl.P. No.201345/2023. These petitioners and accused No.3 were caught hold by the PSI, Bhalki Rural Police Station, while they transporting the sandalwood billets in the Car. Therefore, the allegation against accused Nos.1 and 2 are also stands on the same footing as that of accused No.3.
- 10 -
NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023
11. The alleged offences are not punishable with death or imprisonment for life. It is well established principle of law that while considering the bail application, the Court has to consider the nature of offence, circumstances in which the offence is committed, position and the status of the petitioners, likelihood of accused fleeing away from justice, tampering of witnesses, character and antecedent of the accused. Further, the law is well settled that, while disposing off the bail petitions, the Court need not scan the prosecution papers and hold a mini trial. Keeping these factors in mind and the fact that accused No.3 is already enlarged on bail by this Court and the learned District Court has enlarged accused No.3 on bail in similar matter in Crime No.30/2023, in the present case the petitioners are entitled for bail. Accordingly, the following:
- 11 -
NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023 ORDER The petition filed under Section 439 of Cr.P.C., is allowed.
The petitioners-accused Nos.1 and 2 are ordered to be enlarged on bail in Crime No.82/2023 registered by Bhalki Rural Police Station, now pending on the file of Additional Civil Judge and JMFC Court, on their executing personal bonds in a sum of Rs.1,00,000/- each with a surety for the likesum to the satisfaction of jurisdictional Court, subject to the following conditions:
1. Petitioners shall not tamper the prosecution witnesses.
2. They shall mark their attendance on first Sunday every month till 6 [six] months or till filing of charge-sheet, whichever is earlier.
- 12 -
NC: 2023:KHC-K:7687 CRL.P No. 201394 of 2023
3. They shall appear before the Court regularly without fail.
4. They shall not commit similar offences.
5. Violation of any of these conditions would entail for cancellation of bail.
Sd/-
JUDGE SBS List No.: 1 Sl No.: 10