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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF JUNE 2021

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.100789/2021

BETWEEN:

SHIVAPPA S/O. BASAPPA SUNGAR

AGE ABOUT 58 YEARS,

OCC AGRICULTURE,

R/O KYARAKOPPA VILLAGE,

TQ AND DIST DHARWAD.

...PETITIONER

(BY SRI.B.D.NARASAGOND, ADVOCATE)

AND

THE STATE OF KARNATAKA

R/BY STATE PUBLIC PROSECUTOR,

HIGH COURT BENCH,DHARWAD,

THROUGH VIDE ZONAL FOREST OFFICER,

DHARWAD,AT DHARWAD.

... RESPONDENT

(BY SRI. RAMESH CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF

CR.P.C., SEEKING TO ENLARGE THE PETITIONER /

ACCUSED NO.2 ON REGULAR BAIL IN FOREST CRIME

NO.95/2021 (FIR No.09/2021) OF ZONAL FOREST

OFFICE DISTRICT, DHARWAD FOR THE OFFENCE U/S

84, 86, 87, 71(a) AND (g) OF KARNATAKA FOREST ACT

1963 AND 144 AND 165 OF KARNATAKA FOREST

RULES, 1969. WHICH IS PENDING BEFORE THE II

ADDL. COURT OF CIVIL JUDGE AND JMFC, DHARWAD

FOREST CRIME NO.95/2021.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by the accused under

Section 439 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the 8Cr.P.C.9,

for brevity) seeking bail in Crime No.95/2021

(FIR

No.9/2021)

of

Zonal

Forest

Office,

Dharwad,

registered

for

the

offences

punishable under Sections 84, 86, 87, 71(a)

and (g) of Karnataka Forest Act 1963 and 144

and 165 of Karnataka Forest Rules, 1969 of

(hereinafter

referred

to

as

the

8Act9,

for

brevity).

2.

It is the case of the prosecution that

on the basis of the credible information recived

on 10.03.2021, the staff of the Range Forest

Officer Dharwad caught the petitioner and

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other three accused red handed while they

were illegally cut and removing the valuable

sandalwood trees by converting them into

sandalwood logs. It is further case that

accused Nos.1 and 2 illegally trespassed into

Reserved Forest Area in Sy.No.213(119) of

Kyarakoppa village. The staff of the Range

Forest Officer, Dharwad, seized about 25 kgs of

four sandalwood logs, one axe and Hero Hond

Splendor

motorcycle

bearing

registration

No.KA-25/X-3229 in the presence of panchas

under mahazar. The petitioner and other

accused were arrested and produced before the

jurisdictional Court and they were remanded to

judicial

custody.

The

petitioner

filed

Crl.Misc.No.255/2021

seeking

bail

and

the

same came to be rejected by the III Addl.

District and Sessions Judge, Dharwad, by order

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dated 31.03.2021. Therefore, the petitioner is

before this Court seeking bail.

3.

Heard the learned counsel appearing

for the petitioner and the learned High Court

Government Pleader for the respondent-State.

4.

It is the contention of the learned

counsel for the petitioner that the petitioner-

accused

No.2

is

innocent,

he

has

not

committed any offence as alleged and he has

been falsely implicated in this case. The Forest

Officer has already seized sandalwood logs,

axe

and

Hero

Honda

motorcycle

under

mahazar. The petitioner-accused No.2 has

been arrested on 10.03.2021 and he is in

judicial custody since more than three months.

The offences alleged are not punishable with

death or imprisonment for life. The major

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portion

of

the

investigation

is

over

and

Investigating Officer is yet to file charge sheet

and there are no criminal antecedents of the

petitioner. The accused Nos.1, 3 and 4 have

been granted bail by the Sessions Court and

therefore the petitioner is entitled for grant of

bail on the ground of parity as he is similarly

placed to that of accused Nos.1, 3 and 4. With

this, he prayed for allowing the petition.

5.

Per

contra,

learned

High

Court

Government

Pleader

contended

that

the

petitioner-accused No.2 involved in theft of

sandalwood logs weighting 25 kgs and he has

been caught red handed and 25 kgs of 4

sandalwood logs, one a