Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1004

IN THE HIGH COURT OF KARNATAKA
T.Venkatesh Naik, J.
Shabbir Ahammad – Appellant
Versus
State – Respondent
Criminal Petition No. 13734 of 2023
Decided On : 21-12-2023

Advocates appeared:
K.V.Sateeshchandra, Advocate, Divakar Maddur M., Advocate

The court established that discrepancies in evidence and the absence of direct accusations can justify the granting of bail under the Karnataka Forest Act.

Headnote:
BAIL - KARNATAKA FOREST ACT - The court granted bail to the petitioner, emphasizing the lack of direct evidence linking him to the alleged offences under the Karnataka Forest Act. The court noted discrepancies in the weight of the seized sandalwood and the absence of eyewitnesses, which contributed to the decision to allow bail despite opposition from the prosecution.
Fact of the Case:
The petitioner sought bail for offences under the Karnataka Forest Act after being accused of possessing sandalwood billets. The complaint was lodged after the seizure of sandalwood from a departmental guest house and later from the petitioner, with discrepancies in the reported weights of the seized items.
Finding of the Court:
The court found that the petitioner was not named in the initial complaint or FIR, and there were inconsistencies in the evidence regarding the weight of the sandalwood. The absence of eyewitnesses and the delay in lodging the complaint were also noted.
Issues: Whether the petitioner should be granted bail considering the nature of the offences, the evidence presented, and the circumstances surrounding the case.
Ratio Decidendi: The court held that the nature of the offences did not warrant denial of bail, especially given the lack of direct evidence against the petitioner and the inconsistencies in the prosecution's case.
Final Decision: The petition for bail was allowed, and the petitioner was ordered to be released on bail with specific conditions.

JUDGMENT

1. Heard Sri.K.V.Sateeshchandra, learned counsel for the petitioner and Sri.Divakar Maddur.M, learned High Court Government Pleader for respondent/State.

2. The petitioner has filed this petition under Sec. 439 of Cr.P.C., praying to grant bail in FOC.No.13/2023-24 of Range Forest Officer, Shankar Range, Shivamogga, on the file of III Addl. Civil Judge and JMFC, Shivamogga, for the offences punishable under Ss. 62, 71(A), 84 and 86 of Karnataka Forest Act and Rule 144 of Karnataka Forest Rules.

3. Brief facts of the prosecution case are as under: On 24/9/2023, the R.F.O of Kasaba Range lodged a complaint alleging that they had seized sandalwood billets weighing 8.120 kgs in the compound of departmental guest house situated at Alkola, Shivamogga. During investigation, as per the information of Forest Officer, Shivamogga Range, on 15/10/2023, the R.F.O of Kasaba Range apprehended the accused near Medical, New Madli on Shivamogga-Thirthahalli road and recovered 6, 400 grams sandalwood flakes and motor-cycle from accused under the seizure Panchanama. Hence, it led to registration of F.I.R and investigation. It is contended that the petitioner is innocent, law abiding citizen and he has not committed any offence, but he has been falsely implicated in this case. As per the first information report, the sandal wood billets referred to was 8, 140 grams. As per prosecution case, the sandal wood billets were weighing 8, 120 grams and as per the report of seizure, the sandal wood billets weighing 6, 400 grams were seized. Therefore, there is variance in recovery of sandal wood billets. There is inordinate and unexplained delay in lodging the complaint. There are no eye-witnesses to the incident and the Police have not recovered the sandal wood billets under the seizure panchanama. Hence, prays to allow the petition.

4. Learned High Court Government Pleader opposes the bail application.

5. The F.I.R was registered by the R.F.O, Shimoga, against unknown persons on 24/9/2023 and on 15/10/2023, the R.F.O arrested accused and recovered 6, 400 grams of sandal wood flakes from his possession. From the perusal of the material available on record, it appears that the name of petitioner is neither mentioned in the complaint nor in the first information report and sandal wood billets recovered from the possession of accused being 6, 500 grams and as per the report of seizure, the sandal wood billets weighing 6, 400 grams were seized. Hence, there is variance in the weight of sandal wood. Admittedly, alleged offences are not punishable with death or imprisonment for life.

6. Considering the nature of offence, position and status of the accused with reference to the witnesses, looking into any angle, the petitioner is entitled for bail.

7. Hence, the petition is allowed. The accused is ordered to be enlarged on bail subject to following conditions:

i) The accused shall execute a personal bond for a sum of Rs.2, 00, 000.00 with two sureties to the satisfaction of the Trial Court.

ii) The accused shall not tamper with the prosecution witnesses directly or indirectly.

iii) The accused shall appear before the Trial Court on all the hearing dates.

iv) The accused shall mark attendance before the Investigating Officer/Station House Officer of concerned Police Station on first Sunday of every month between 10 a.m., and 1.00 p.m.

v) The accused shall not indulge in similar activities.

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