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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF MARCH 2015
BEFORE
THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

CRIMINAL PETITION NO.1108/2015

BETWEEN:
1.

SRI. NARASIMHAPPA
SON OF GANGULAPPA,
AGED ABOUT 30 YEARS,
DABARAGANAHALLI VILLAGE,
KASABA HOBLI,
SIDDLAGHATTA TALUK-577138.

2.

SRI NAGARAJU
SON OF BANGI MUNIYAPPA,
AGED ABOUT 45 YEARS,
DABARAGANAHALLI,
KASABA HOBLI,
SIDDLAGHATTA TALUK-577138.
... PETITIONERS

(By Sri : MURTHY K, ADV.)

AND:
STATE OF KARNATAKA
BY FOREST RANGE OFFICER
CHINTHAMANI RURAL POLICE
CHIKKABALLAPURA
REP BY ITS STATE PUBLIC PROSECUTOR

HIGH COURT COMPLEX,

BANGALORE.
... RESPONDENT
(By Sri: B.J. ESHWARAPPA, HCGP)
CRL.P FILED U/S.439 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HON'BLE
COURT MAY BE PLEASED TO ENLARGE THEL
PETITIONER ON BAIL IN (FIR) FOC NO.13/2014-15 OF
KAIVARABEETU,
CHINTHAMANI
DIVISION,
CHIKKABALLAPUR, FOR THE OFFENCES P/U/S
24,84,86,62 R/W 104-d 71A OF KARNATAKA FOREST ACT
AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioners and learned
HCGP. Perused the application filed under Section 439, Cr.P.C.
2.

Petitioners are accused nos.1 and 2 are in a criminal case in

(FIR) FOC No.13/2014-15 of Kaivarabeetu, Chintamani

Division, Chikkaballapur District. The offences alleged against
them are punishable under Sections 24, 84, 86, 62 read with
Sections 104D and 71A of the Forest Act. According to the

respondent-forest officials, on receipt of credible information that

some persons were cutting and transporting sandalwood trees in
Kaivarabeetu Forest, they went to the spot at midnight on
2.10.2014 and found two persons engaged in cutting sandalwood.
On confrontation, two of them ran away and the 1st accused was
apprehended, and 14 pieces of sandalwood along with one small
chopper, one axe, one sickle and one battery along with a two
wheeler, Hero Honda were seized.
3.

Similarl bail application by the 1st accused had been

dismissed by this court in Crl.P.7238/14 on 22.11.2014 mainly on

the ground that investigation was still in progress, and the 2nd
accused had to be arrested.
3.

Learned HCGP has opposed the bail application on the

ground that that prima facie case is forthcoming against this

petitioner in regard to the offences alleged against them. Any
how the 2nd accused has already been arrested and both the
accused have requested this court to enlarge them on bail.

4.

In the FIR lodged by the forest officials, it is found that

they surrounded the accused when they were cutting the tree. But
in the charge sheet it is stated that they were in the process of
transporting sandalwood logs.

It is a very moot point as to

whether a prima facie case is forthcoming.

The entire

investigation is completed. Petitioners are permanent residents of

a village in Siddlaghatta town having roots in the community.
They have undertaken to obey any condition that may be
imposed. Thus the apprehension of the learned HCGP could be
met by imposing suitable conditions.
6.

Accordingly the petition under Section 439, Cr.P.C. is

allowed, and the petitioners are granted bail subject to the

following conditions:
1) They shall execute a bond for a sum of Rs.50,000/with one solvent surety for the like sum to the
satisfaction of the jurisdictional court;
2) They shall mark attendance once in a month on
every Second Sunday in the respondent forest

office between 9.00 a.m. and 5.00 p.m. without fail

for a period of six months from the date of their
release;
3) They

shall not hold out threat to prosecution

witnesses or tamper with evidence;

4) They shall attend the court on all dates of hearing,
except under unavoidable circumstances.
5) If they violate any of the above conditions,
prosecution will be at liberty to seek cancellation of
bail.
Sd/JUDGE
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