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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^rd DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION No.8179 of 2020

BETWEEN

1.

MR. SANTHOSH

S/O. VELU HONNEGOWDAR

AGED ABOUT 25 YEARS,

RESIDING AT CHIKKANAVANGALU VILLAGE,

SHIVANI HOBLI, AJJAMPURA TALUK,

CHIKKAMAGALURU DISTRICT – 577 549.

2.

BASAVARAJ

S/O. SUBRAMANYA HONNEGOWDAR

AGED ABOUT 37 YEARS,

RESIDING AT CHIKKANAVANGALU VILLAGE,

SHIVANI HOBLI, AJJAMPURA TALUK,

CHIKKAMAGALURU DISTRICT – 577 549.

3.

RAMA

S/O KASHIGOWDA HONNEGOWDAR

AGED ABOUT 65 YEARS,

RESIDING AT CHIKKANAVANGALU VILLAGE,

SHIVANI HOBLI, AJJAMPURA TALUK,

CHIKKAMAGALURU DISTRICT – 577 549.

…PETITIONERS

(BY SRI SHEHINSHA ALI S., ADVOCATE FOR

SRI T.C. MALLIKARJUNA, ADVOCATE)

AND

STATE OF KARNATAKA

BY RANGE FOREST OFFICER,

MARAVANJI SECTION,

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CHANNAGIRI RANGE,

KARNATAKA,

REPRESENTED BY

SPECIAL PUBLIC PROSECUTOR,

KARNATAKA HIGH COURT BUILDINGS,

BENGALURU – 560 001.

…RESPONDENT

(BY SMT. RASHMI JADHAV, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ENLARGE THE

PETITIONERS ON BAIL IN F.O.C.NO.21/2020-21 REGISTERED BY

RFO, CHANNAGIRI RANGE, SHIVAMOGGA FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 24, 84 AND 86 OF KARNATAKA

FOREST ACT AND RULES 144 AND 165 OF KARNATAKA FOREST

RULES, 1969.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioners-accused Nos.1 to

3 under Section 439 of Cr.P.C. for granting bail in FOC

No.21/2020-21 registered by the RFO, Channagiri Range, for

the offences punishable under Sections 24, 84, 86 of the

Karnataka Forest Act, 1963 and Rules 144, 165 of the

Karnataka Forest Rules, 1969.

2.

It is alleged that on 13.09.2020, on the credible

information, while the forest officials along with Range Forest

Officer (RFO) Shajiya Khanam were patrolling, they heard a

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noise and they went and saw three accused persons cutting

the Sandal Wood trees in the Reserved Forest Area.

Immediately, they apprehended and arrested them, seized

the cutting materials along with 1.5 Kg. of sandal wood apart

from Axe, Machete and thereafter, they produced these

accused before the Court and in turn remanded them to

judicial custody. The accused approached the Sessions

Judge for granting of bail, but the same was rejected.

Hence, they are before this Court.

3.

Learned counsel for the petitioners contended that the

petitioners are innocent of the alleged office and they have

been falsely implicated. In fact, they were permitted to carry

3 Kgs. of Sandal Wood, but the forest officials have seized

nothing from them except the cutting materials. The alleged

1.5 Kgs. of Sandal wood is also not correct. The petitioners

are in judicial custody for more than five months. They are

ready to abide by the conditions that may be imposed by this

Court. Therefore, prayed for grant of bail.

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4.

Per contra, learned High Court Government Pleader

objected the bail petition and contended that there is a prima

facie material to show that the accused persons have

committed the offences punishable under the Forest Act.

While cutting the Sandal Wood trees, they have been

apprehended by the forest officials. Investigation is still

under progress. Hence, she prayed for rejecting the bail

petition.

5.

Considering the material on record, the alleged offence

has been committed on 30.09.2020 punishable under

Sections 86 and 24 of the Karnataka Forest Act. The

allegation against the accused is that they were trying to cut

and remove the Sandal Wood in the forest area and the

forest officials have arrested them. They have been taken

into custody and the materials are already seized by the

forest officials. Since, the offence is committ