IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR

CRIMINAL PETITION NO.332 OF 2021

BETWEEN:

SRI. THANVEER ALI KHAN

SON OF SHAFFIULLA KHAN

AGED ABOUT 22 YEARS

RESIDING AT NEAR BILAL MASJID

KORATI ROAD, BYLANARASAPUR VILLAGE

NANDAGUDI HOBLI

HOSAKOTE TALUK

BENGALURU RURAL DISTRICT

PIN CODE-562 144

&PETITIONER

(BY SRI. SIDDAMALLAPPA P.M, ADVOCATE)

AND:

STATE BY HOSAKOTE POLICE

BENGALURU-562132

REPRESENTED BY

PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BANGALORE-560 001

...RESPONDENT

(BY SRI. MAHESH SHETTY, HCGP)

****

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN

CR.NO.365/2020 REGISTERED BY HOSAKOTE POLICE STATION,

BENGALURU DISTRICT FOR THE OFFENCE P/U/S 86 AND 87 OF

KARNATAKA FOREST ACT AND SECTION 379 OF IPC.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING THROUGH VIDEO CONFERENCE:

ORDER

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

bail in Crime No.365/2020 of Hosakote Police Station,

Bengaluru District for the offences punishable under Section

379 of IPC and Sections 86 and 87 of Karnataka Forest Act,

1963.

2.

The facts briefly stated are that on the complaint filed

by the Deputy Administrator Officer, Indian Institute of

Astrophysics Sidlagatta road, Hosakote, the Police have

registered a case with regard to theft of four sandalwood trees

near the canteen block inside the campus of Indian Institute of

Astrophysics during night hours of 12.11.2020. The complaint

was registered against unknown persons. During investigation,

the Police have arrested accused No.1-petitioner on 05.12.2020

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and at his instance, 90 pieces of sandalwood weighing 66 kgs

230 Grams have been seized. Since the date of arrest, the

accused is in judicial custody.

3.

The learned counsel for the petitioner would contend

that the investigation is completed. As such, the presence of the

petitioner is not required for custodial interrogation. In the

event of arrest and detention, the petitioner would be put to

great hardship.

4.

Per contra, learned High Court Government Pleader

contended that at the instance of the accused-petitioner, the

Police have seized stolen sandalwood pellets. In the event of

granting, the petitioner is likely to commit similar offence and

cause threat to the prosecution witness.

5.

On perusal of the records it is seen that the

petitioner/accused No.1 was arrested on 05.12.2020 and at his

instance, the sandalwood pellets have been seized. It is

submitted that the investigation is completed and the petitioner

is in judicial custody since 05.12.2020. No grounds have been

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made out whether the petitioner is required for custodial

interrogation in this case or any other case.

6.

The grounds made out in the bail application and

submission of the counsel for the petitioner goes to prove the

apprehension of the petitioner regarding his arrest and

detention. The main objection is that in the event of granting

bail, the petitioner is likely to abscond and tamper the

witnesses. The said objection may be set right by imposing

stringent conditions.

7.

In the facts and circumstances of the case, this

Court is of the view that there are valid grounds for

enlarging the petitioner on bail subject to certain terms and

conditions. Accordingly, this Court proceed to pass the

following :

ORDER

Petition is allowed. Consequently, petitioner-accused

No.1 is ordered to be released on bail in connection with

Crime No.365/2020 of Hosakote Police Station, Bengaluru

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District for the offences punishable under Section 379 of IPC

and Sections 86 and 87 of Karnataka Forest Act, 1963, subject

to following conditions:

(i)

The petitioner shall execute a personal bond for

a sum of Rs.1,00,000/- (Rupees