Tippa @ Thippeshi vs State

Budihal R.B., J.—This petition is filed by petitioner-accused No. 1 u/s 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 86 and 87 of the Karnataka Forest Act and u/s 379 of IPC registered in respondent-police station Crime No. 174/2013.

The brief facts of the prosecution case are that on 20.11.2013 at about 5.30 a.m. in the early morning, the respondent-police along with the police constables were on patrolling duty and were proceeding in a departmental jeep through Belliganoou Bheemankere line towards Bada village, at that time, about 5 persons who were coming from A.K. Colony were carrying some materials on three bicycles and on seeing police, they ran away from the spot and the police have arrested one person i.e., present petitioner. On enquiry, he revealed his name as Thippa and also disclosed the name of other four persons and the sandalwood billets were seized in the presence of panch witnesses. On the basis of the said complaint, a case has been registered against the petitioner and four others.

Heard the arguments of the learned counsel for the petitioner-accused No. 1 and also the learned Government Pleader for the respondent-State.

I have perused the averments made in the bail petition, FIR, complaint, order passed by the lower Court and other materials placed on record.

It is the case of the prosecution that the petitioner caught red-handed when himself and other four were carrying the sandal wood billets on three bicycles and after seeing the police, other four ran away leaving the sandal wood billets there only and this petitioner was arrested at the spot and 42 kgs. of sandal wood billets worth Rs. 2,10,000/- were seized. The police in the presence of panch witnesses have seized the sandalwood billets. Now from the present petitioner nothing is to be recovered, as the alleged sandal wood billets have been already recovered under the mahazar. The petitioner has contended in the bail petition that he is innocent and he is not at all involved in the commission of the alleged offence and he is also ready to abide by any reasonable conditions to be imposed by the Court. The offences alleged under the Forest Act as well as under the IPC are not exclusively punishable with death of imprisonment for life. Hence, looking to the materials on record, I am of the opinion that petitioner is entitled to be released on bail.

Accordingly, petition is allowed. The petitioner is ordered to be released on bail of the offences punishable under Sections 86 and 87 of the Karnataka Forest Act and also u/s 379 of IPC registered in respondent-police station Crime No. 174/2013, subject to following conditions:--

(i) Petitioner shall execute a personal bond for a sum of Rs. 50,000/- and furnish one solvent surety for the like sum to the satisfaction of concerned Court.

(ii) Petitioners shall not tamper with prosecution witnesses directly or indirectly.

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