Karnataka High Court
Vediyappan vs State Of Karnataka on 30 June, 2014
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30TH DAY OF JUNE 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.1978 OF 2014
BETWEEN:
VEDIYAPPAN
S/O. THUPPALI
AGED ABOUT 50 YEARS
R/AT NATANUR VILLAGE
THIRTHA MALAI POST
HOSUR TALUK, DHARMAPURI DISTRICT
TAMIL NADU.
... PETITIONER
(BY SRI A. N. RADHAKRISHNA, ADV.)
AND:
STATE OF KARNATAKA BY
RANGE FOREST OFFICER
ANEKAL RANGE
BENGALURU RURAL DISTRICT
REP. BY GOVERNMENT PLEADER
HIGH COURT OF KARNATAKA
BENGALURU-560001.
...RESPONDENT
(BY SRI B. J. ESWARAPPA, H.C.G.P.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
S.C.NO.5001/2014 OF RESPONDENT RANGE FOREST OFFICER,
WILD LIFE ANIMAL, ANEKAL RANGE, ANEKAL PENDING ON THE
FILE OF III ADDL. DIST. AND S.J., ANEKAL, BANGALORE RURAL
DISTRICT, FOR THE OFFENCES P/U/S. 24, 84, 86, 87 OF
KARNATAKA FOREST ACT AND U/S. 35 AND 51 OF WILD LIFE
PROTECTION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This is the petition filed by the petitioner / accused No.3 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 24, 84, 86, 87 of the Karnataka Forest Act, 1963 and under Sections 35 and 51 of the Wildlife Protection Act, 1972.
2. Heard the arguments of the learned counsel for the petitioner / accused No.3 and also the learned High Court Government Pleader for the respondent - State.
3. Learned counsel for the petitioner during the course of his arguments submitted that accused Nos.1 and 2 are already on bail and even the allegation so far as the present petitioner is concerned that he along with two other accused persons involved in the commission of the alleged offences and it is the case of the prosecution that the sandalwood billets were seized, which were of 10kgs. amounting to Rs.3,180/-.
4. Looking to the order of the lower Court, accused Nos.1 and 2 have been released on bail as per 3 Section 167(2) of Cr.P.C. as the charge-sheet was not filed within the prescribed period. This petitioner approached this Court last time and this Court by order dated 22-1-2014 passed in Criminal Petition No.8201/2013 directed the learned Sessions Judge to dispose of the trial within three months from the date of receipt of copy of the order. Learned counsel made the submission that the matter is not yet disposed of. Hence, he submitted by imposing stringent conditions, the petitioner may be enlarged on bail.
5. Perusing the materials on record and as accused Nos. 1 and 2 were already released on bail on the default ground that charge-sheet was not filed within the prescribed time and hence, they were released by order passed under Section 167(2) of Cr.P.C. It is no doubt true, even against the present petitioner there are allegations that he along with other two accused persons involved in the commission of the alleged offences, but the offences are not exclusively punishable with death or imprisonment for life and the sandalwood billets said to 4 have stolen are worth Rs.3,180/-. It is also true looking to the order passed by the lower Court that the petitioner was absconded and not traced by the Police, subsequently, arrested under non-bailable warrant. But, looking to the materials on record and nature of offences, to secure the presence of the petitioner, stringent conditions can be imposed and he can be enlarged on bail. Accordingly, the petition is allowed.
The petitioner / accused No.3 is ordered to be released on bail for the alleged offences punishable Sections 24, 84, 86, 87 of the Karnataka Forest Act, 1963 and under Sections 35 and 51 of the Wildlife Protection Act, 1972, subject to the following conditions:-
(i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) and to furnish two local solvent sureties for the likesum to the satisfaction of the concerned Court;
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(ii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses; and
(iii) Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE kvk