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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.2435/2018

C/W

CRIMINAL PETITION NO.2593/2018

IN CRL.P. NO.2435/2018

BETWEEN:

1.

SIDDARAJU,

S/O PUTTASWAMAIAH,

AGED ABOUT 38 YEARS.

2.

RAJU

S/O THIMMAIAH,

AGED ABOUT 37 YEARS,

BOTH RESIDENT OF KUNTAIAHAPALYA,

HULIYURDURGA HOBLI,

KUNIGAL TALUK – 572130,

TUMKUR DISTRICT.

.. PETITIONERS

(BY SRI CHETHAN B., ADVOCATE)

AND

STATE OF KARNATAKA,

BY HULIYURDURGA RESERVE FOREST POLICE

KUNIGAL TALUK – 572130, TUMKUR DISTRICT.

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REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BANGALORE – 560001.

... RESPONDENT

(BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON

BAIL IN FIR IN FOC NO.11/2017-18 REGISTERED BY THE

RESPONDENT

POLICE

OF

HULIYURDURGA

RESERVE

FOREST POLICE, FOR THE OFFENCES ALLEGED UNDER

SECTION 24(b), 84 AND 86 OF THE KARNATAKA FOREST

ACT AND SECTION 29 OF THE WILD LIFE (PROTECTION)

ACT AND SECTION 435 OF IPC.

IN CRL.P. NO.2593/2018

BETWEEN:

SRI MARIGOWDA,

S/O SRI DASAPPA,

AGED ABOUT 40 YEARS,

R/OF KUNTAIAHANAPALYA,

D.HOSAHALLI POST,

HULIYURDURGA HOBLI,

KUNIGAL TALUK,

TUMAKURU DISTRICT-572123.

... PETITIONER

(BY SRI C. R. GOPALASWAMY, ADVOCATE)

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AND

STATE OF KARNATAKA

BY HULIYURUDURGA

RESERVE FOREST POLICE,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU-560001.

... RESPONDENT

(BY SRI K. NAGESHWARAPPA, HCGP)

*****

THIS CRIMINAL PETITION IS FILED UNDER 438

CR.P.C PRAYING TO DIRECT THE RESPONDENT-POLICE TO

RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN

CRIME NO.FOC 11/2017-18 OF HULIYURDURGA RESERVE

FOREST POLICE FOR THE OFFENCE P/U/S 24(b),84 AND 86

OF KARNATAKA FOREST ACT AND UNDER SECTION 29 OF

WILD LIFE (PROTECTION) ACT AND ALSO UNDER SECTION

435 OF IPC, PENDING ON THE FILE OF THE SENIOR CIVIL

JUDGE AND JMFC, KUNIGAL.

THESE PETITIONS COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:-

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O R D E R

These two petitions are disposed of by a common

order.

2. Crl.P No.2435/2018 is filed under Section 439

Cr.PC by Accused Nos.1 and 2 and Crl.P No.2593/2018 is

filed under Section 438 Cr.PC by Accused No.3. Accused

Nos.1 to 3 are implicated for the offences punishable under

Sections 24(b), 84 and 86 of the Karnataka Forest Act,

1963; Section 29 of the Wild Life (Protection) Act, 1972;

and Section 435 of IPC in Crime No.FOC 11/2017-18.

3. The Forest Officer of Kunigal made a report that

the

petitioners

in

Crl.P

No.2435/2018

and

another

trespassed into reserved forest area of Huliyurdurga and set

fire to the forest. Petitioners in Crl.P. No.2435/2018 were

apprehended at the spot. On the basis of a disclosure

made by these petitioners, it appears that the petitioner in

Crl.P No.2593/2018 came to be implicated.

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4. Learned counsel for the petitioners submits that

Section 29 of the Wild Life Forest (Protection) Act, 1972 is

wrongly invoked because the said forest area is not a

sanctuary and it is just a reserved forest area. In the

same manner, there is no allegation that the petitioners

were involved in cutting and transportation of the

sandalwood. Therefore the offences under Sections 84 and

86 of the Karnataka Forest Act should not have been

invoked in the first information report. There are no prima

facie materials.

5. So far as the petitioner in Crl.P No.2593/2018 is

concerned, it was argued by the counsel that his name

came to be implicated only on the basis of the statement

given by other two petitioners and he has a threat of arrest.

Therefore he has sought for anticipatory bail.

6. Learned High Court Government Pleader opposes

these two petitions by submitting that the ma