Accused Nos.2 and 1 in FOC No.16/2023-24 registered

by

the

Range

Forest

Officer,

Lakkavalli

Range,

Chikkamgaluru, for the offence punishable under Sections

62, 71A, 84, 86, 104-B of the Karnataka Forest Act, 1963

and Rules 144 and 165 of the Karnataka Forest Rules,

1969, are before this Court in these two petitions under

Section 439 of Cr.P.C.

2.

Heard the learned counsel for the parties.

3.

It is the case of the prosecution that on

06.09.2023, Range Forest Officials had got a credible

information

that

two

persons

were

transporting

sandalwood and based on said information, they had

intercepted the petitioners, who were travelling in a motor

cycle bearing registration No. KA66-H2267 and from their

possession, 12 kgs 100 grams of sandalwood chips were

recovered and subjected to panchanama.

- 4 -

4.

Thereafter, the apprehended accused were

produced before the jurisdictional Court and remanded to

judicial custody. Their bail application filed before the

Court

of

Principal

District

and

Sessions

Judge,

Chikkamagaluruin Crl. Misc. Petn. No.693/2023 was

rejected on 22.09.2023. Therefore, they are before this

Court.

5.

Learned counsel for the petitioners submit that

petitioners are in custody since 06.09.2023. Major portion

of the investigation is completed. The contraband article

has already been seized in the present case. Therefore,

the custody of the petitioners is not required. Accordingly,

prays to allow the petitions.

6.

Per contra, learned HCGP opposes the bail

petitions. He submits that accused no.1 has criminal

antecedents and was earlier involved in similar case.

Hence, he prays to dismiss the petitions.

- 5 -

7.

The materials on record would go to show that

based on credible information, accused persons were

intercepted and apprehended and from their possession,

12 kgs 100 grams of sandalwood chips, which they were

carrying in a plastic bag was recovered. The petitioners

are in custody since 06.09.2023. Major portion of the

investigation in the present case is complete and

sandalwood chips, which were allegedly being transported

by the petitioners illegally has been seized and subjected

to panchanama. Accused No.1 as against whom similar

case was pending in S.C.No.14/2020 before District and

Sessions Court, Chikkamagaluru, was acquitted in the said

case vide judgment and order dated 12.09.2023 and

accused No.2 has no criminal antecedents. Under the

circumstances, I am of the view that petitioners have

made out a case for grant of regular bail.

8.

Accordingly, the petitions are allowed. The

petitioners are directed to be enlarged on bail in in FOC

No.16/2023-24 registered by the Range Forest Officer,

- 6 -

Lakkavalli

Range,

Chikkamgaluru,

for

the

offence

punishable under Sections 62, 71A, 84, 86, 104-B of the

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

Karnataka

Forest

Rules,

subject

to

the

following

conditions:

a)

Petitioners shall execute personal bond for

a sum of Rs.1,00,000/- each with two sureties

for the likesum, to the satisfaction of the

jurisdictional Court;

b)

The petitioners shall appear regularly on

all the dates of hearing before the Trial Court

unless the Trial Court exempts their appearance

for valid reasons;

c)

The petitioners shall not directly or

indirectly

threaten

or

tamper

with

the

prosecution witnesses;

d)

The petitioners shall not involve in similar

offences in future;

e)

The

petitioners

shall

not

leave

the

jurisdiction

of

the

Trial

Court

without

- 7 -

permission of the said Court until the case

registered against them is disposed off.

SD/-

JUDGE

DN