Karnataka High Court
Govind And Ors vs The State Of Karnataka on 24 September, 2018
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF SEPTEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.200756/2018
BETWEEN:
1. GOVIND S/O CHANNAPPA MORE
AGE: 40 YEARS OCC: AGRICULTURE & COOLIE
R/O: BHAIRATALI GUNAT, PUNE
MAHARASHTRA STATE-416416.
2. YALLAPPA S/O MARUTHI MORE
AGE: 39 YEARS OCC; AGRICULTURE & COOLIE
R/O: JAMBALIMALA, SHIROOR, PUNE
MAHARASHTRA STATE-416416.
3. LAXMAN S/O MARUTHI GAYAKAWAD
AGE: 26 YEARS OCC: AGRICULTURE & COOLIE
R/O: SHINDHOLDI ROAD, GUNAT, PUNE
MAHARASHTRA STATE-416416.
4. KUMAR S/O LAXMAN GAYAKWAD
AGE: 26 YEARS OCC: AGRICULTURE & COOLIE
R/O: BHAIRATALI, GUNAT, PUNE
MAHARASHTRA STATE-416416.
5. RAMESH S/O SIDRAM SHOLAPURE
AGE: 37 YEARS OCC: AGRICULTURE & COOLIE
R/O: MUNDEWADI TQ: AKKALKOT
DIST: SOLAPUR MAHARASHTRA STATE-416416.
... PETITIONERS
(BY SRI.ASHOK MULAGE, ADVOCATE)
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AND:
THE STATE OF KARNATAKA
THROUGH RANGE FOREST OFFICER, INDI
TQ: INDI DIST: VIJAYPURA
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH.
... RESPONDENT
(BY SRI.P.S.PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CRIMINAL PROCEDURE CODE PRAYING TO, ALLOW
THE BAIL PETITION AND BE PLEASED TO RELEASE THE
ACCUSED/PETITIONERS ON BAIL IN FOC.NO.11/2018-
19/FIR.NO.2/2018-19 OF RANGE FOREST OFFICER, INDI
TQ: INDI DIST: VIJAYAPURA FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 84, 86, 87, 71(A) OF KFA
1963 AND UNDER RULES 144 AND 165 OF KFR 1969 AND
SECTION 379 OF INDIAN PENAL COD, PENDING ON THE
FILE OF CIVIL JUDGE AND JMFC, AT INDI TQ: INDI, DIST:
VIJAYAPUR.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
The petitioners have filed this petition seeking bail under Section 439 of Criminal Procedure Code in FOC.No.11/2018-19/FIR.No.2/2018-19 of Range Forest Officer, Indi Tq: Indi Dist: Vijaypura, registered for the offences punishable under Sections 84, 86, 87 and 71(A) of Karnataka Forest Act and under Rules 144 and 165 of Karnataka Forest Rules, 1969 and Section 379 of Indian Penal Code.
2. The allegations are that, on 10.07.2018 at about 01.00 p.m. the accused/petitioners were found to have illegally cut six sandalwood trees in land Sy.No.146 of Alur Taluk weighing about 65.1 kgs. The petitioners were arrested and the sandalwood billets were seized in the presence of panch witnesses.
3. The learned counsel for the petitioners contended that, the land belongs to one Hanamant Biradar and petitioners are only coolie workers and they have not committed any offence and hence prays to release the petitioners on bail.
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4. On the other hand opposing the bail petition, the learned High Court Government Pleader submits that, the accused-petitioners were caught red-handed with sandalwood billets and all the accused are from Maharastra State and investigation is still pending and it is likely that they will flee from justice if they are released on bail.
5. It is seen that, about nine billets of sandalwood totally weighing 65.810 kgs were recovered which were in the possession of the petitioners, apart from the seizure of a two wheeler, mobile phones and two axes etc., There is a prima-facie case against the petitioners at this stage. Since, the investigation is still under progress, I am not inclined to release the petitioners on bail.
Accordingly, the petition is dismissed.
Sd/-
JUDGE KJJ