Mr. Ibrahim vs State

A.S. Pachhapure, J.—The learned Counsel for the Petitioner is absent.

This petition is filed u/s 438 Code of Criminal Procedure, requesting for grant of anticipatory bail apprehending arrest in C.C. No. 281/07 registered for the offence punishable under Sections 24(E), 50, 62, 71(A), 80, 104(A)(D) of Karnataka Forest Act 1963 and Rule 127(A), 144, 165 of the Karnataka Forest Rule 1969.

It is the case of the prosecution that on 22.07.2006 the forest officials received information about unauthorised transportation of the wooden logs worth Rs. 1,04,304/- and in the circumstances the vehicle was seized including wood which was being transported in contravention of the provision of the above said Act from area. It is under these circumstances an investigation was held charge sheet was filed, the matter is registered in C.C. No. 281/07.

The persual of the petition reveals that the grounds put forth are that the Petitioner is innocent and has not committed any offence much less the one alleged against him. Under these circumstances he has sought for anticipatory bail. It is the submission of the learned HCGP that the Criminal Case is pending since from the 2007. The Petitioner is absconding for more than three years and has now submits that it is not a fit case for exercising discretion vested with the court u/s 438 of IPC.

The persual of the application and records reveals prima facie material against the Petitioner for the offence registered. In the circumstances as the Petitioner has not appeared before the court for three years, I am of the opinion that the Petitioner is not entitled to the anticipatory bail sought for.

In the result the petition is dismissed.