Karnataka High Court
Chemala Chenchuraja vs The State Of Karnataka on 25 August, 2022
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.7386 OF 2022
BETWEEN
CHEMALA CHENCHURAJA
S/O CHEMALA CHENCHU RAMAIAH,
AGED ABOUT 30 YEARS,
R/AT 2-49, GANDLA STREET,
YERPEDU, CHITTOOR
ANDHRA PRADESH - 517 619. ... PETITIONER
(BY SRI SHIVAKUMAR, ADVOCATE)
AND
THE STATE OF KARNATAKA
REPRESENTED BY
THE STATION HOUSE OFFICER,
KENGERI POLICE STATION,
BANGALORE - 560 001,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE. ...RESPONDENT
(BY SRI KRISHNA KUMAR K.K., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.246/2022 OF
KENGERI P.S., BENGALURU CITY FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 379 OF IPC AND SECTIONS
24,62,80,86,87 OF KARNATAKA FOREST ACT ON THE FILE OF
THE HONBLE 32nd A.C.M.M., BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:
2
ORDER
This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C., for granting regular bail in Crime No.246/2022 registered by Kengeri Police Station, Bengaluru for the offences punishable under Sections 24, 62, 80, 86, 87 of the Karnataka Forest Act, 1963 and Section 379 of IPC.
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that the suo motu complaint was registered by the Kengeri Police Station on 14.07.2022 alleging that the complainant-PSI got credible information that the vehicle bearing No.AP-26- BE-4268 (Toyoto Etios) is proceeding from Bengaluru towards Mysuru by keeping the red sandalwood logs in the dikki (rear boot). On getting the information, the complainant intercepted the said Etios car near Jayramdas 3 Vehicle check point where two persons said to be ran away from the car and this petitioner was apprehended and the car was searched by the Police in presence of panchas. During the search, they found 5 red sandalwood logs kept in the dikki of the car which was seized under the panchanama and then he was taken to the custody and remanded to the judicial custody. His bail petition came to be rejected by the Sessions Court. Hence, he is before this Court.
4. Having heard the arguments and on perusal of the records, which reveals, of course the petitioner was found in the car which was seized by the Police along with the red sandalwood logs. The other accused were said to be ran away from the spot. The petitioner is said to be the permanent resident of Andhra Pradesh and his wife is said to be under advanced stage of pregnancy and likely to deliver the child within a couple of days. Considering the facts and circumstances of the case, the petitioner is said to be permanent resident of the Andhra Pradesh and he is 4 ready to abide by the conditions imposed by this Court, by imposing certain conditions, if the bail is granted to the petitioner, no prejudice would be caused to the prosecution case. Hence, I pass the following ORDER Accordingly, criminal petition is allowed. The jurisdictional Magistrate is directed to release the petitioner-accused No.1 on bail in Crime No.246/2022 registered by Kengeri Police Station, Bengaluru for the offences punishable under Sections 24, 62, 80, 86, 87 of the Karnataka Forest Act, 1963 and Section 379 of IPC, subject to the following conditions:
(i) Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the trial Court and out of two sureties, one surety must be from his native place.
(ii) Petitioner shall not indulge in similar offences strictly;5
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall take trial without causing any delay.
(v) Petitioner shall appear and mark his attendance on every Monday between 10.00 a.m. and 4.00 p.m., for a period of two months or till filing of the charge-sheet whichever is earlier.
(vi) Petitioner shall furnish proof of his correct permanent address i.e., Aadhaar card, ID proof etc., to the Police as well as to the trial Court prior to his release.
If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.
Sd/-
JUDGE GBB