Muddiyada Thimmaiah and Kandera M. Ganapathi vs State

Budihal R.B., J.—This is the petition filed by petitioners/accused Nos. 3 and 4 u/s 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 83, 84, 85, 86 and 87 of the Karnataka Forest. Act and Rules 109, 119 of Karnataka Forest Rules read with Section 379 of I.P.C. registered by respondent-Police in crime No. 166/2013.

The brief facts of the prosecution case as per the averments in the complaint is that on 6-11-2013, the Sub-inspector of Police, FMS, Virajpet, Kodagu, received credible information at 11 p.m. that accused Nos. 1 to 5 after chopping of sandalwood said to have been stored at Kiran''s house and on receipt of credible information, he along with eight constables and panchas went to house of Kiran at Kottigere Village, Vijrajpet and thereafter noticed that there are about six persons, out of them three escaped and thereafter arrested the petitioners and noticed thirty sandalwood billets weighing about 116 grams in different measurements and the mahazar has been drawn between 4.00 to 6.30 p.m. thereafter returned back to the Police Station and filed a complaint. On the basis of said complaint, case has been registered against the petitioners and other accused persons for the alleged offences.

Heard the arguments of learned counsel for the petitioners/accused and also the learned High Court Government Pleader for the respondent-State.

Learned counsel for the petitioners during the course of his arguments submitted that present petitioners are totally unconnected with the alleged offences and even if the case of the prosecution is accepted, the sandalwood billets were seized from the house of accused No. 1, that is, Kiran and not from these petitioners. The learned counsel submitted that the petitioners are agricultural labourers and they have not at all involved in the commission of the alleged offences. Hence, learned counsel submitted that by imposing reasonable conditions, the petitioners be released on bail.

As against this, learned High Court Government Pleader during the course of his arguments submitted that though the sandalwood billets were seized from accused No. 1, Kiran. These petitioners were present at the said place and they were also involved in the commission of the alleged offences. He made the submission that the matter is still under investigation and the Investigating Officer is yet to enquire some more witnesses. Hence, submitted to reject the application.

I have perused the averments made in the bail petition. The averments in the complaint and also the other materials on record and the mahazar said to have drawn on 11-12-2013. Perusing these materials on record, the averments made in the complaint as well as the mahazar for the seizure of sandalwood billets that goes to show they have been seized from the house of accused No. 1, Kiran. Regarding the contention of the prosecution that these two accused were present at the said place will not be sufficient. At this stage, it is not a case of the prosecution that the sandalwood billets were seized from the possession of these accused when they are carrying sandalwood billets in some vehicle. Even according to the prosecution, the sandalwood billets has been stored in the house of accused No. 1 and the same was kept in white colour plastic bags and were seized from the said place from the store room of accused No. 1 and in view of the contention of the petitioners in the bail petition that they are innocent and the alleged offences are not exclusively punishable with death or imprisonment for life, I am of the opinion that the petitioners are entitled to be granted with bail. Regarding the apprehension of the prosecution that if they are released on bail, they may tamper with the witnesses and they may abscond, stringent conditions can be imposed for securing the petitioners either before the Investigating Officer for further investigation or before the Trial Court, during the course of the trial, which will safeguard the interest of the prosecution.

Accordingly, the petition is allowed. The petitioners/accused Nos. 3 and 4 are ordered to be released on bail for the offences punishable under Sections 83, 84, 85, 86 and 87 of the Karnataka Forest Act and Rules 109, 119 of Karnataka Forest Rules read with Section 379 of I.P.C. subject to the following conditions:-

(i) Each petitioners shall execute a personal bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

(ii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses; and

(iii) Petitioners shall appear before the concerned Court regularly.