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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 26^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRL.P.NO.101320 OF 2021

C/W

CRL.P.NO.101330 OF 2021

CRL.P.NO.101335 OF 2021

IN CRL.P.NO.101320 OF 2021

BETWEEN

GURUMURTHY S/O JINNAPPA

AGE. 40 YEARS,

OCC. PRIVATE WORK,

R/O. KERAGADDE, POST KALASA,

TQ. MUDAGERE,

DIST. CHIKKAMANAGALURU.

..PETITIONER

(BY SMT. SUMANGALA A. CHAKALABBI, ADVOCATE)

AND

THE STATE OF KARNATAKA

BY RANGE FOREST OFFICER,

DHARWAD,

REPRESENTED BY SPP,

HIGH COURT BUILDING,

DHARWAD.

…RESPONDENT

(BY SRI. RAMESH B CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN

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DHARWAD FOREST P.S. CRIME NO.1/2021-22 REGISTERED FOR

THE OFFENCES PUNISHABLE UNDER SECTIONS 84, 86, 87,

24C, 24E, 71A, 62 OF KARNATAKA FOREST ACT, 1963 AND

U/RULE 144, 165 OF KARNATAKA FOREST RULES, 1969 AND

U/SEC.379, 414, 423 OF IPC, PENDING ON THE FILE OF II

ADDL. CIVIL JUDGE AND II JMFC, DHARWAD.

IN CRL.P.NO.101330 OF 2021

BETWEEN

BHIMAPPA S/O YALLAPPA SUNAGAR,

AGE. 55 YEARS,

OCC. AGRICULTURE AND COOLIE,

RESIDING AT HOSUR,

TQ. SHIGGAON,

DIST. HAVERI-581205

(ACCUSED NO.7)

...PETITIONER

(BY SMT. ARCHANA. A. MAGADUM, ADVOCATE)

AND

THE STATE OF KARNATAKA

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD

DHARWAD FOREST OFFICE,

DHARWAD-580008.

…RESPONDENT

(BY SRI. RAMESH B CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

PRAYING TO RELEASE THE PETITIONER / ACCUSED ON BAIL IN

FOREST CRIME NO.1/2021-22, FILED BY RANGE FOREST

OFFICER, DHARWAD DIVISION, DHARWAD, FOR THE OFFENCES

U/SEC.84, 86, 87, 24C, 24E, 71A, 62 OF KARNATAKA FOREST

ACT, 1963 AND U/RULE 144 AND 165 OF KARNATAKA FOREST

RULES, 1969 AND U/SEC.379, 414, 423 OF IPC, PENDING ON

THE FILE OF II ADDL. CIVIL JUDGE AND JMFC-II COURT,

DHARWAD.

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IN CRL.P NO 101335 OF 2021

BETWEEN

1.

MUDAKAPPA S/O PADIYAPPA PUJERI,

AGE. 36 YEARS, OCC. COOLIE,

R/O. MOGALI, TQ. RON,

DIST. GADAG-582209

2.

IRIYAPPA S/O. KARIYAPPA HIREMANI

AGE. 34 YEARS, OCC. COOLIE,

R/O. MOGALI, TQ. RON,

DIST. GADAG-582209

...PETITIONERS

(BY SRI. S. S. BETURMATH, ADV., FOR

SRI. K. L. PATIL, ADV.,)

AND

THE STATE OF KARNATAKA

THROUGH DHARWAD

RANGE FOREST OFFICE,

R/BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH-580011

…RESPONDENT

(BY SRI. RAMESH B CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

PRAYING

TO

ALLOW

THIS

PETITION

AND

ENLARGE

PETITIONERS (ACCUSED NO.2 AND 3) ON REGULAR BAIL IN

CONNECTION WITH DHARWAD RANGE FOREST OFFICE CRIME

NO.1/2021 FOR THE OFFENCES PUNISHABLE UNDER SECTION

84, 86, 87, 24C, 24E, 71A, 62 OF KARNATAKA FOREST ACT,

1963, RULE 144 AND 165 OF KARNATAKA FOREST RULES, 1969

AND SEC.379, 414 AND 423 OF IPC, ON FILE OF II ADDITIONAL

CIVIL JUDGE AND JMFC-II, DHARWAD.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

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COMMON ORDER

Since all these petitions arise out of the same crime,

they are heard together and common order is has been

passed.

2.

The petitioners have filed these petitions under

Section 439 of Cr.P.C., for enlarging them on bail in

Dharwad Forest Crime No.1/2021-22 registered for the

offences punishable under Sections 84, 86, 87, 24C, 24E,

71A and 62 of the Karnataka Forest Act and Rules made

thereunder as well as under Section 379, 414 and 423 of

IPC pending on the file of the II Additional Civil Judge and

JMFC-II Court, Dharwad.

3.

The factual matrix leading to the case are that

on 16.06.2020, the Range Forest Officer, Dharwad has

received

a

credible

information

regarding

illegal

transportation of sandalwood in Maruti Suzuki Alto car and

therefore, he registered the First Information Report and

along with his staff members came to outskirts of

Nuggikeri village and there they