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Judgment
A.S. Pachhapure, J.—The Petitioners have sought for bail having been arrested for the offence punishable u/s 87 of the Karnataka Forest Act read with Section 379 IPC.
The facts reveal that on 27.01.2011 at about 6.00 a.m. the complainant heard some noise from his land bearing S. No. 138 wherein he had grown mango trees, went there and found that three persons were cutting sandal wood trees and immediately, he apprehended two persons, i.e., the Petitioners and one of them ran away from the place. It is thereafter that he submitted a complaint to the Police for the above said offences and the investigation is still going on.
The Petitioners have sought for bail on the ground that they are innocent and have not committed any offence and further that they will be available for investigation or trial whenever required. They are ready and willing to abide by any conditions that may be imposed by this Court for their release on bail.
I have heard the learned Counsel for the Petitioners and also the HCGP.
The records reveal that the Petitioners are the first offenders in respect of the offence u/s 87 of the Karantaka Forest Act punishable with imprisonment not less than five years. It is submitted by the learned Govt. Pleader that the investigation is going on and the accused are in judicial custody. I do not think that their presence is necessary for the purpose of investigation and even if it is required, some conditions could be imposed upon the Petitioners to attend the Police Station. So taking into consideration the nature of the offence, the punishment provided and the fact that the Petitioners are the first offenders, they are entitled to the bail sought for. Hence, I proceed to pass the following:
The petition is allowed. The Petitioners are ordered to be released on bail on their executing a personal bond for a sum of Rs. 25,000-00 each with one surety each for the like sum to the satisfaction of the jurisdictional Magistrate with the further following conditions:
(i) The Petitioners shall make themselves available for interrogation by the Police as and when required;
(ii) The Petitioners shall not threaten directly or indirectly any person acquainted with the facts of the ease dissuade him from disclosing any facts to the Court or to the Police Officer.
(iii) The Petitioners shall attend the Court as and when directed;
(iv) The Petitioners shall attend the Police Station concerned every Sunday in between 9.00 a.m. and 10.00 a.m. until the charge-sheet is filed;