Karnataka High Court
Bhimappa S/O Parappa Talawar vs The State Of Karnataka on 22 June, 2018
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
CRL.P.No.100911/2018
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND DAY OF JUNE, 2018
BEFORE
THE HON'BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.100911/2018
BETWEEN:
BHIMAPPA S/O PARAPPA TALAWAR,
AGE: 20 YEARS, OCC. AGRICULTURE,
R/O. HALAKURKI, BADAMI TALUK,
BAGALKOT DISTRICT.
... PETITIONER
(BY SMT.GEETHA K.M. @ PAWAR, ADVOCATE)
AND
THE STATE OF KARNATAKA,
BADAMI POLICE, BADAMI,
TAL: BADAMI, DIST: BAGALKOT,
AND ALSO REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., PRAYING TO GRANT REGULAR BAIL TO THE
PETITIONER/ACCUSED NO.1 IN BADAMI P.S. CRIME
NO.59/2018 PASSED BY THE II ADDL. DISTRICT AND
SESSION JUDGE, BAGALKOT DATED 21.04.2018 i.e.,
CRL.MISC.NO.225/2018 FOR THE OFFENCES PUNISHABLE
UNDER SECTION 86 AND 87 OF KARNATAKA FOREST ACT
AND S 379 OF IPC.
CRL.P.No.100911/2018
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THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, (henceforth for brevity referred to as 'Cr.P.C.') for grant of regular bail in Crime.No.59/2018 of Badami P.S., for the offence punishable under Sections 86 and 87 of Karnataka Forest Act, 1963 (henceforth for brevity referred to as 'K.F.Act') and Section 379 of the Indian Penal Code (henceforth for brevity referred to as 'IPC').
2. The summary of the case of the prosecution is that on 05.03.2018, the present petitioner joined by two other accused was illegally transporting 34 pieces of sandalwood, in total weighing 106.4 KGs and worth `47,880/-, after committing theft of these articles from the forest. It is alleged that they were caught red handed by the complainant, who is none else than the Police Sub- Inspector of respondent police station. As such, a crime CRL.P.No.100911/2018 :3: came to be registered against them in the complainant police station in Crime No.59/2018 for the offence punishable under Sections 86 and 87 of the K.F. Act and under Section 379 of the IPC.
3. The learned counsel for the petitioner while reiterating the contention taken up by the petitioner in the petiton submitted that, a false case has been foisted against him with some ulterior motive. There is no mention in the complaint as to who cut the alleged sandalwood trees and further the alleged equipment for cutting of the trees has not been seized. Learned counsel for the petitioner further submitted that the petitioner is the sole bread winner in the family.
4. Learned HCGP, who is appearing for the respondent/State has filed his statement of objections and submitted in his arguments that the accused has been caught red handed while illegally transporting the sandalwood. He does not deserve to be enlarged on bail. CRL.P.No.100911/2018 :4: However he has submitted that the investigation in the matter has already been completed and charge sheet has also been filed.
5. A perusal of the materials placed before this Court, at this stage, prima facie go to show that the present accused joined by two other accused was said to have transporting 106.4 KGs of sandalwood pieces illegally in a tractor trailer. It is stated that they were caught red handed. Though the offence is punishable with an imprisonment of 10 years, but the fact remains that according to the prosecution, the investigation has been completed and charge sheet also has been filed. As such, the continuation of the accused in judicial custody is not required for any investigating purposes. The accused is said to be in judicial custody from 05.03.2018. As such, I am of the view that considering the circumstances of the case and also of the fact and that the alleged offence is not punishable with death or life imprisonment, imposing CRL.P.No.100911/2018 :5: reasonable conditions, the accused can be enlarged on bail. Accordingly, I proceed to pass the following:
ORDER
(i) The petition is partly allowed.
(ii) The petitioner/accused is enlarged on bail in Cr.No.59/2018 of the respondent - Police Station for the offence punishable under Sections 86 and 87 of the K.F. Act and Section 379 of the IPC.
However, subject to condition that the petitioner/accused shall execute a personal bond for a sum of `30,000/-(Rupees thirty thousand only) with two sureties in the equal sum to the satisfaction of the enlarging Court.
(iii) The petitioner to give in writing about the change in his address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard.
(iv) He shall appear before the Court on all the dates of hearing.
(v) He shall not tamper the prosecution witnesses and documents.
Sd/-
JUDGE yan