This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner/accused No.1 in FOC No.27/2021-

2022 pending on the file of Civil Judge & Additional JMFC at

Tarikere, for the offence punishable under Sections 33, 50, 62,

84, 86, 87 and 71(A) of Karnataka Forest Act, 1963 and under

Rules 144 and 165 of Karnataka Forest Rules.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case is that on 24.11.2021

at about 4.00 p.m., when the Deputy Range Forest Officer and

his staff, on credible information that some persons are cutting

sandalwood trees, were perambulating in the Departmental

vehicle in Sy.No.1 of Lingadahalli Kaval, Tarikere Taluk, they

found the petitioner and another person i.e., accused No.2 were

dressing the sandalwood by cutting a sandalwood tree. This

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petitioner was apprehended and another person ran away from

the spot. Thereafter, this petitioner led the raiding team to the

spot, where they cut and removed the sandalwood trees.

Immediately, they seized 3 sandalwood billets and chakke pieces

(bark piece) weighing about 3.5 Kgs. and also the motor cycle.

4.

Based on the report, case has been registered

against this petitioner.

5.

Learned counsel appearing for the petitioner would

submit that, accused No.2 has already been enlarged on bail

invoking Section 438 of Cr.P.C. and there is no criminal

antecedents against this petitioner and he has been falsely

implicated in the case. He further submits that the vehicle also

not belongs to this petitioner and the same belongs to the owner

of the adjacent land.

6.

The

learned

High

Court

Government

Pleader

appearing for the respondent-State would submit that this

petitioner was apprehended, when he was dressing the

sandalwood trees after cutting and removing the same and the

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petitioner himself showed the place where they cut and removed

the sandalwood trees weighing about 3.5 Kgs. Hence, there is a

prima facie case against this petitioner.

7.

Having heard the respective counsel and also on

perusal of the material on record, it is seen that this petitioner

was apprehended on 24.11.2021 and recovery of sandalwood

billets is made at the instance of this petitioner weighing 3.5 Kgs

and the same was seized. When the petitioner has been

apprehended and he has been in custody, custodial interrogation

is not necessary. Since, recovery has also been made and there

is no criminal antecedents against this petitioner, it is a fit case

to exercise the powers under Section 439 of Cr.P.C., subject to

imposing certain conditions to protect and safeguard the interest

of the prosecution. Hence, I pass the following:-

ORDER

The

Petition

is

allowed.

Consequently,

the

petitioner/accused No.1 shall be released on bail in FOC

No.27/2021-2022 pending on the file of Civil Judge & Additional

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JMFC at Tarikere, for the offence punishable under Sections 33,

50, 62, 84, 86, 87 and 71(A) of Karnataka Forest Act, 1963 and

under Rules 144 and 165 of Karnataka Forest Rules, subject to

the following conditions:

(i)

The petitioner shall execute personal bond for

a sum of Rs.2,00,000/- (Rupees Two Lakhs

only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii)

The petitioner shall not indulge in tampering

the prosecution witnesses.

(iii)

The

petitioner

shall

appear

before

the

jurisdictional Court on all the future hearing

dates, unless exempted by the Court for any

genuine cause.

(iv)

The petitioner shall not leave the jurisdiction of

the Trial Court without prior permission of the

Court, till the case registered against him is

disposed of.

Sd/-

JUDGE

ST