The main legal point established in the judgment is the application of Section 438 of Cr.P.C. for granting bail in cases related to offences under the Karnataka Forest Act, considering the specific circumstances of the case.

JUDGMENT

H.P. Sandesh, J. - This petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in respect of Crime No.8/2021-2022 of RFO Kalladka Branch, Bantwal Forest Range, Managaluru Division, registered for the offences punishable under Sections 24(d)(e), 83, 84, 85, 86 of Karnataka Forest act, 1963 and Rule 165 of Karnataka Forest Rules, 1969.

2. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent/State.

3. The factual matrix of the case is that on 24.06.2021, the Range Forest Officer of Kalladka, Bantwal registered a case against these two petitioners and also against accused Nos.1 and 4 for the offences punishable under Sections 24(d)(e), 83, 84, 85, 86 of Karnataka Forest act, 1963 and Rule 165 of Karnataka Forest Rules, 1969, stating that on the basis of the credible information received, a raid was conducted at Veerakamba Reserve Forest Block 1 of Bantwala Region, they heard the sound of cutting the trees and accordingly when they went to the spot, they found 3 persons indulged in illegally chiseling sandal wood and when they went near those persons for the purpose of apprehending them, those persons had tried to escape from the place and they were able to apprehend one of those persons and two persons escaped from the spot and those escaped persons are these petitioners and recoveries are made at the instance of accused No.1. accused No.1 showed accused No.4 and recoveries made at the instance of accused No.4. In total 25 kgs., of sandal wood and chiseled pieces of sandal wood, were seized. The matter is under investigation.

4. The learned counsel appearing for the petitioners would submit that only at the instance of accused No.1, the names of these petitioners are revealed and these petitioners were not indulged in any such acts and no any criminal antecedents against these petitioners. accused Nos.1 and 4 from whom recoveries are made have already been enlarged on bail. Hence, these petitioners are ready to willing to abide by any conditions that may be imposed by this Court and assist the Investigating Officer for further investigation and prays to enlarge them on bail.

5. Per contra, the learned High Court Government Pleader appearing for the State would submit that these two petitioners were there at the spot when a raid was conducted and later escaped from the spot. The Court has to take note of the quantum of the sandalwood seized at the instance of accused No.1, who was red-handedly apprehended and the presence of these petitioners are required for further investigation. Hence, the bail cannot be granted to them.

6. Having heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the State and also taking into note of seized 14.490 Kgs of sandalwood and 1.800 Kgs of chiseled pieces of sandal wood from the place of crime and the same was recovered at the instance of accused No.1 and the allegations against these two petitioners, who were escaped from the spot. Having taken note of the material available on record, there is no criminal antecedents against these petitioners. When such being the factual aspects of the case, accused Nos.1 and 4 from whom already recovery was made and enlarged them on bail under Section 439 of Cr.P.C., and no recovery is required at the instance of these two petitioners. Hence, I am of the opinion that it is a fit case to exercise the powers under Section 438 of Cr.P.C., in favour of the petitioners. However, this Court directs the petitioners to appear before the Investigating Officer, assist and co-operate with the Investigating Officer for further investigation in the matter.

7. In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in respect of Crime No.8/2021-2022 of RFO