IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 22^ND DAY OF DECEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

CRIMINAL PETITION No.201735/2021

BETWEEN:

GOLLALAPPA

S/O MADIVALAPPA

AGE: 27 YEARS

OCC: AGRICULTURAL LABOUR

R/O KARVINAL, Tq: SINDAGI

DIST. VIJAYAPURA

...PETITIONER

(BY SRI ISHWARAJ S. CHOWDAPUR, ADVOCATE)

AND:

THE STATE OF KARNATAkA

THROUGH SUB-DIVISION FOREST

SHORAPUR

REP. BY ADDL. STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

KALABURAGI BENCH-585 107

...RESPONDENT

(BY SRI SHARANABASAPPA M. PATIL, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. PRAYING THIS COURT TO RELEASE THE PETITIONER

ON BAIL IN CR.NO. FO.11/2021-22

FOR THE OFFENCES

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PUNISHABLE UNDER SECTIONS 62(I), 83, 80, 87, 86 OF THE

KARNATAKA FOREST ACT AND RULES 144, 165, 154 AND

SECTION 379 OF IPC WHICH IS PENDING BEFORE THE JMFC

COURT, SHORAPUR.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 439 of Cr.P.C., by

the petitioner/accused No.1 seeking regular bail in Crime

No.11/2021-22 for the offences punishable under Sections

62(i), 83, 80, 87, 86 of the Karnataka Forest Act and Rules

144, 165, 154 and Section 379 of IPC.

2.

Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the State.

3. The factual matrix of the case is that this

petitioner along with the accused No.2 in the agricultural

land of one Smt. Manavva cut and removed the standing

sandalwood trees that in Sy.No.204/1 converted them in a

billets and they were in possession of 6 k.g. and 600 grms

3

of sandalwood that sandalwood chips 5 in number

weighing 600 grams, 5 sandalwood billets weighing about

6 k.g. and also they have seized the motorcycle. Now, the

matter is under investigation invoking the offences

punishable under Sections 80, 83, 86, 87, 62(i) of the

Karnataka Forest Act, 1963 and Rules 144, 165, 154 of the

Karnataka Forest Rules 1969 read with Section 379 of IPC.

4.

The counsel for the petitioner would submit

that there was a galata between the Forest Officers and

this petitioner and hence, a false case has been registered

against him and he went along with accused No.2 to

Shorapur hillock to collect custard apple from hillock area.

At that time, galata was taken place. The offences against

him are not punishable with death or life imprisonment and

this petitioner is also in custody from 08.10.2021. This

Court has granted bail in favour of accused No.2 in

Criminal Petition No.201626/2021 on 06.12.2021 and both

the accused stand on the same footing. Hence, prayed to

enlarge the petitioner on bail.

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5.

Per contra, the learned High Court Government

Pleader for the State submits that they were not only

carrying the sandalwood but they have cut and removed

the sandalwood tree and the same was investigated by the

IO. This petitioner along with other indulged in committing

similar offences in the same area and hence, his presence

is required for further investigation and prayed to reject

the petition.

6.

Having heard the respective counsel it is clear

that the petitioner is in custody from 08.10.2021 and there

are no other criminal antecedents against this petitioner

and no cases are pending to prima facie show that this

petitioner is also indulged in committing similar offences.

When this Court has exercised discretion in favour of

accused No.2 and both of them stand on the same footing

and similar allegations are made against this petitioner

also. Hence, it is appropriate to invoke Section 439 of

CR.P.C. to enlarge the petitioner on bail with conditions.

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7.

In view of the discussions made above, I pass

the following:

ORDER

The

petition

is

allowed.

Consequently,

the

petitioner/accused No.1 shall be released on bail in

connection with Crime No.11/2021-22 for the offences

punishabl