This petition is filed by the accused No.4 under

Section 439 of Cr.P.C. seeking bail in C.C.No.1762/2022

(Crime No.62/1986), registered for the offence punishable

under Sections 379, 411 of IPC and Section 86 and 87 of

Karnataka Forest Act, 1963, pending on the file of the Civil

Judge and JMFC Court, Kalaghatagi.

2.

The case of the prosecution is that, on the basis

of the credible information received on 13.06.1986, the

staff

of

the

forest

office,

Khalghatagi

caught

the

petitioner/accused No.4 and other three accused persons

red

handed

while

they

were

illegally

cutting

and

transporting the valuable sandalwood trees by converting

them into sandalwood logs. The accused Nos.1 to 4

illegally trespassed into forest area, Lingankoppa village

and seized about 97 kilograms of four sandalwood logs in

the presence of panchas when the accused Nos.1 to 4

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were cutting and transporting the sandalwood tress by

converting them into logs. The petitioner/accused No.4

and other accused were arrested and produced before the

jurisdictional Court. This petitioner earlier had been

granted bail. Thereafter, the petitioner did not appear and

the case came to be registered against him separately in

C.C.No.26/2003 and it was transferred to LPC No.1/2003

and now it is pending in C.C.No.1762/2022. It is stated

that, the accused Nos.2 and 3 were acquitted and accused

No.1 died. This petitioner came to be arrested on

12.10.2022 and he is in judicial custody. The petitioner

filed Criminal Misc. No.591/2022 and the same came to be

rejected by the Principal District and Sessions Judge,

Dharwad, by order dated 24.11.2022. Therefore, the

petitioner is before this Court, seeking bail.

3.

Heard the arguments of the learned counsel for

the petitioner and the learned HCGP for the respondent-

State.

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4.

Learned

counsel

for

the

petitioner

would

contend that, this petitioner is a resident of Shingahalli

village and he has not received any summons to appear in

criminal case. It is his further submission that, accused

Nos.2 and 3 have been acquitted in the cases registered

against them. It is his further submission that, in the

similar circumstances, this Court has granted bail to the

accused persons in Criminal Petition No.102851/2022 and

Criminal Petition No.102934/2022. With this, he prayed to

allow the petition.

5.

Per contra, learned HCGP would contend that, a

case came to be registered in Kalghatagi Police Station in

Crime No.62/1986 against this petitioner and three others

for the offences punishable under Sections 379 and 411 of

IPC and Section 86 and 87 of Karnataka Forest Act. This

petitioner and three others were caught red handed when

they were cutting and transporting the sandalwood,

weighing 97 kilo grams. It is his further submission that,

the petitioner who has been granted bail at the crime

stage, did not appear before the trial Court and the case

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registered against him came to be split up and transferred

to LPC. It is his further submission that, due to the acts of

this petitioner there is a delay in disposal of the case

registered against him and he caused the police machinery

to search and secure him. If the petitioner is again granted

bail, there are chances of he absconding and causing delay

in the trial of the case. With this, he prayed to reject the

petition.

6.

Having heard the learned counsel for the

petitioner and the learned HCGP, this Court has gone

through the records.

7.

This petitioner and three others were caught

red handed when they were cutting and transporting

sandalwood weighing 97 kilograms and a case came to be

registered against them in Crime No.62/1986 for the

offence punishable under Section 379 and 411 of IPC and

Sections 86 and 87 of Karnataka Forest Act. This petitioner

came to be granted bail in the aforesaid crime. The

petitioner did not appear and subsequently a split up case

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came to be registered against him. The split up case

registered in C.C.No.170/2000 was only tried against the

accused No.