The accused No.3 is before this Court seeking

anticipatory bail in FOC (Crime No.09/2023) pending on

the file of Additional Civil Judge (Jr.Dn.) and JMFC at

Sakaleshpura registered by RFO at Sakaleshpura Range

for the offences punishable under Sections 62, 80 and

104A of the Karnataka Forest Act, 1963 and provisions of

the Rule sub-rule 165 of the Karnataka Forest Rules,

1969.

2.

Heard the learned counsel for the parties.

3.

Facts leading to filing of this petition narrated

briefly are:

On 17.06.2023 at about 9.00 a.m., the Deputy

Conservator of Forest along with other forest officials, on

credible information had visited Hiduvali land bearing

Sy.No.60/2, situated at Dabbe village, Hanbalu Hobli

belonging to one M.A.Vijayakumar and also the land

- 3 -

belonging to one Poornesha and had found that in the said

lands two rosewood trees were cut and logs of the said

trees were prepared and stocked in the said lands. The

forest officials have registered a case in Crime No.9/2023-

2024, for the offences punishable under Sections 62, 80,

104A of the Karnataka Forest Act, 1963, drawn mahazar

and recovered the logs of the rosewood from the place of

occurrence. On 08.07.2023, the forest officials have

arrested one A.M.Yashodhara - Accused No.4 and on

interrogation, he revealed that at the instance of one

Puneeth S/o Basavaraju, he had cut the rosewood trees.

Accused No.4 also stated that Rama S/o Venkatesha,

Dilipa @ Chinnaswamy were also involved in the case.

The forest officials have arrayed one Puneetha as accused

No.1, Rama as accused No.2, Dilip as accused No.3 and

A.M.Yashodhara as accused No.4 who was apprehended.

Under these circumstances, the petitioner is before this

Court.

- 4 -

4. The learned counsel for the petitioner reiterating

the grounds urged in the bail petition has prayed to allow

the petition.

5. Per contra, learned HCGP has opposed the bail

application.

6. On 17.06.2023, allegedly two rosewood trees

were

cut

in

private

properties

belonging

to

one

M.A.Vijayakumar and Poornesha. Therefore, Suo-moto

case was registered by the forest officials in Crime

No.9/2023-24. During the course of investigation, forest

officials have arrested A.M.Yashodhara and on the basis of

his voluntary statement, other accused have been arrayed

as accused persons in the complaint. Except the voluntary

statement made by accused No.4, there is absolutely no

material against the petitioner herein to connect him to

the crime. The material on record goes to show that

A.M.Yashodhara had cut the rosewood trees at the

instance of accused No.1 - Puneeth. The role played by

- 5 -

accused Nos.2 and 3 have not been mentioned by the

accused No.4 in his voluntary statement.

7.

Under these circumstances, I am of the view

that the petitioner has made out prima facie case for grant

of anticipatory bail. Accordingly, the following:

O R D E R

The Criminal Petition is allowed.

The respondent - Police or any other Police in the

State of Karnataka are directed to release the petitioner in

the event of his arrest in FOC (Crime No.09/2023) pending

on the file of Additional Civil Judge (Jr.Dn.) and JMFC at

Sakaleshpura registered by RFO at Sakaleshpura Range

for the offences punishable under Sections 62, 80 and

104A of the Karnataka Forest Act, 1963 and provisions of

the Rule sub-rule 165 of the Karnataka Forest Rules, 1969

subject to the following conditions:

1.

Petitioner shall execute a personal

bond for a sum of Rs.1,00,000 (Rupees One

- 6 -

Lakh only) with two sureties for the likesum to

the satisfaction of the Investigating Officer.

2.

Petitioner

shall

regularly

appear

before

the

trial

Court

without

fail

unless

exempted by the trial Court for valid reasons.

3.

Petitioner shall not tamper with the

prosecution witness and he shall co-operate with

the Police for investigation and appear before the

Investigating Officer whenever called upon.

4. The petitioner shall not involve in similar

offences in future.

SD/-

JUDGE

MH/-

List