Karnataka High Court
Shoyeb Khan vs The State By Santhebennur Police ... on 9 April, 2020
Equivalent citations: AIRONLINE 2020 KAR 769
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION NO.1865/2020
BETWEEN :
1. SHOYEB KHAN
S/O FIROZ KHAN
AGED ABOUT 32 YEARS
R/O. #253, TIPPU CIRCLE
BADAMAKHAN, N.R. MOHALLA
MYSURU-570001.
2. ZEKEER HUSSAIN
S/O NOOR HUSSAIN
AGED ABOUT 40 YEARS
R/AT. #393, 2ND CROSS
ANNAMMA TEMPLE ROAD
GANDHINAGARA, MYSURU-570001.
... PETITIONERS
(BY SRI N.KUMAR, ADVOCATE)
AND :
THE STATE BY SANTHEBENNUR POLICE STATION
SANTHEBENNUR
REPTD. BY SPP
HIGH COURT, BENGALURU-560001.
... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN THE CR.NO.18/2020 OF
SANTHEBENNUR P.S. DAVANAGERE FOR THE OFFENCE
P/U/S 379 OF IPC AND SCE.41(D), 102 OF CODE OF
CRIMINAL PROCEDURE AND SEC.86 AND 87 OF THE
KARNATAKA FOREST ACT, 1963.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THROUGH VIDEO CONFERENCE THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
This petition is filed by accused Nos.1 and 2 under Section 439 of Cr.P.C. praying to enlarge them on bail in Crime No.18/2020 of Santhebennur Police Station for the offences punishable under Section 379 of IPC, Sections 41D and 102 of Cr.P.C. and also Sections 86 and 87 of the Karnataka Forest Act.
2. I have heard the learned counsel for the petitioners-accused Nos.1 and 2 and the learned HCGP for the respondent-State.
3. A suo moto complaint has been registered on 3.2.2020 at about 10.30 a.m. alleging that on the same -3- day at about 8.00 a.m., the complainant and his staff were doing duty near Geddalahalli Village to register the case under the M.V. Act. At that time, a car bearing Regn.No.KL-14-V-9709 came from Davanagere side. The complainant and other police constable tried to stop the said car, but the said car went in speed and on suspicion they chased the car that was stopped near Kithuru Rani Chennamma Residential School at Kakanoor Village and two persons who were sitting in rare seat of the car escaped and police caught hold of other two persons. When they have made enquiry, it is revealed that they were transporting the sandal wood of 51 kgs. and 100 grams. Police drawn the mahazar and a case has been registered.
4. It is the submission of the learned counsel for the petitioners that the petitioners are innocent and they have not committed any offence. A false case has been registered as against them. The alleged offences are not punishable with death or imprisonment for life. They are -4- sole earning members in their family and they are permanent residents of Mysuru owning movable and immovable properties. They were only travelling in the car in question. They are ready to abide by any conditions imposed by this Court. On these grounds, he prayed to allow the petition and to release the petitioners on bail.
5. Per contra, the learned HCGP strongly objected and contended that when the police tried to intercept the car they did not stop the same and when they chased and enquired it has been revealed that they were involved in serious offences of transporting sandal wood of 51 kgs 100 grams. It is his further submission that the investigation is still in progress and the absconding accused are to be traced and if these accused are released on bail, they may abscond and they may not be available for trial. On these grounds, he prayed to dismiss the petition.
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6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the material which has been produced along with the petition, it clearly goes to show that when the car has been intercepted and stopped near Kithur Rani Chennamma Residential School, two persons who were sitting in rare seat escaped when the police caught hold of the other two persons, i.e., the petitioners and enquired the petitioners it has been found that they were transporting 51 Kgs. And 100 grams of sandal wood. Whether the petitioners were carrying sandal wood and whether they are involved in the case is a matter which has to be considered and appreciated only at the time of trial. The alleged offences under Sections 86 and 87 of the Karnataka Forest Act are punishable with imprisonment of five years and fine. Under such facts and circumstances and in view of the directions issued by the Hon'ble Apex Court, I am of the considered -6- opinion that by imposing some stringent conditions, if the petitioners-accused Nos.1 and 2 are enlarged on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused Nos.1 and 2-petitioners herein are enlarged on bail in Crime No.18/2020 of Santhebennur Police Station for the offences punishable under Section 379 of IPC, Sections 41-D, 102 of Cr.P.C., and Sections 86 and 87 of the Karnataka Forest Act, subject to the following conditions:-
i) Each of the petitioners herein shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the jurisdictional Court.
ii) They shall not tamper with the prosecution witnesses directly or indirectly.
iii) They shall mark their attendance on 1st of every moth between 10.00 and 5.00 p.m., -7- before the concerned Police till the trial is completed.
iv) They shall not leave the jurisdiction of the trial Court without prior permission
v) They shall be available for the purpose of investigation as and when they are required to do so.
Sd/-
JUDGE *ck/-