Heard learned counsel for petitioners and learned

High Court Government Pleader for respondent-State.

2.

This petition is filed by accused Nos.1 and 2

under Section 439 of Cr.P.C., praying to grant bail in

Crime No.82/2023 registered by the respondent - Police

for the offences punishable under Sections 86 and 87 of

Karnataka Forest Act, 1963 (for short 'the said Act') and

Section 379 of IPC.

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3.

Brief facts of the prosecution case are as under:

On the intervening night between 26.06.2023 and

27.06.2023 eight sandalwood trees in the land of first

informant were cut and stolen by unknown persons; thus,

on 28.06.2023 owner of land lodged a complaint; on

29.07.2023 on receipt of credible information, the

complainant intercepted a car bearing registration No.KA-

40/M-9888 on road towards Hyderabad near Annehalla, at

that time petitioners and accused No.3 were in car and on

being search 3 [three] plastic bags were found, where 60

Kgs., of sandalwood billets were found; thus without

permission the petitioners and accused No.3 transporting

the sandalwood which were cut and stolen from the land of

complainant. The PSI conducted seizure panchanama in

the presence of panchas and seized the sandalwood

billets, in turn, remanded the petitioners to judicial

custody.

4.

Learned counsel for petitioners contended that

the petitioners are innocent, they have not committed any

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offence and they are law abiding citizen; the PSI has not

complied Sections 62(3) and 71-A of the said Act;

petitioners are the sole bread earners of their respective

families and they are ready to abide by conditions that

may be imposed by this Court. Hence, prayed for grant of

bail.

5.

Per contra, learned High Court Government

Pleader for respondent - State contended that the

petitioners are habitual offenders; they have been

involved in another case viz., in Crime No.30/2023 of the

same Police Station; if they are released on bail, they may

commit similar offences and they may flee away from

justice. Thus, prayed for rejection of bail petition.

6.

On perusal of the material available on record,

it appears that on 29.07.2023 the PSI of Bhalki Rural

Police Station seized 60 Kgs., of sandalwood billets from

the Car of accused No.3, which he was transporting

without any license. While PSI of Bhalki Rural Police

Station was searching the vehicle, these petitioners were

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present in the car. As per the contents of FIR these

petitioners have committed theft of sandalwood trees from

the land of complainant.

7.

Section 104-D of the Karnataka Forest Act is

special provision regulating bail matters in respect of

offences under Karnataka Forest Act. As per said Section

the accused seeking bail for the offences committed under

Sections 86 and 87 of Karnataka Forest Act, the accused

has to satisfy the Court that there are reasonable grounds

for believing that he is not guilty of the said offences. In

the instant case, the petitioners were traveling in the

vehicle of accused No.3, wherein accused No.3 was

transporting sandalwood billets weighing 60 Kgs., in his

Car with having knowledge and conscious of possession of

sandalwood billets in his Car. Therefore, there was prima

facie case against accused persons of the offence

punishable under Section 87 of Karnataka Forest Act. A

perusal of complaint and seizure panchnama reveals that

the PSI of Bhalki Rural Police Station seized the

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sandalwood billets from the Car of accused No.3. At this

juncture it is just and necessary to extract Section 62(3)

of Karnataka Forest Act, 1963, which reads as under:

"62(3) Every officer seizing any property

under this section 1 [x x x]1 shall, as soon as may

be, 2 [make a report of such seizure,— (a) where

the offence on account of which the seizure has

been made is in respect of timber, ivory, 3 [gulmavu

(machilus macrantha) bark, dalchini bark, halmaddi

(exudation of ailanthus malabaricum), canes]3 ,

firewood or charcoal which is the property of the

State G