Karnataka High Court
Iliyas Ahamed vs State By Range Forest Officer on 16 November, 2023
Bench: S Vishwajith Shetty
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NC: 2023:KHC:40929
CRL.P No. 11029/2023
C/W CRL.P No.11152/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11029/2023
C/W
CRIMINAL PETITION NO.11152/2023
IN CRL.P.No.11029/2023:
BETWEEN:
ILIYAS AHAMED
AGED ABOUT 40 YEARS
S/O BAKSHI SAB
R/O KARKUCHI VILLAGE
LAKKAVALLI HOBLI
TARIKERE TALUK
CHIKMAGALUR DIST - 577 228.
...PETITIONER
(BY SRI RAVIKUMAR N.R, ADV.)
AND:
STATE BY RANGE FOREST OFFICER
Digitally signed LAKKAVALLI RANGE, LAKKAVALLI
by B A
KRISHNA CHIKMAGALUR DISTRICT
KUMAR REPRESENTED BY STATE
Location: HIGH
COURT OF PUBLIC PROSECUTOR
KARNATAKA HIGH COURT OF KARNATAKA
BANGALORE - 01.
...RESPONDENT
(BY SRI RAHUL RAI K, HCGP)
THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN F.O.C.NO.16/2023-24 REGISTERED BY
R.F.O., LAKKAVALLI RANGE, CHIKKAMAGALURU DISTRICT FOR THE
OFFENCE P/U/S 62, 71A, 84, 86, 104-B OF KARNATAKA FOREST ACT
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CRL.P No. 11029/2023
C/W CRL.P No.11152/2023
AND RULE 144 AND 465 OF KARNATAKA FOREST RULES ON THE FILE
OF J.M.F.C., TARIKERE.
IN CRL.P.No.11152/2023:
BETWEEN:
SRI RAMU
S/O KRISHNAMURTHY
AGED ABOUT44 YEARS
R/O KARAKUCHI VILLAGE
TARIKERE TALUK, CHIKKAMAGALURU
DIS - 577 101. ...PETITIONER
(BY SRI GIRISH B BALADARE, ADV.)
AND:
STATE BY RANGE FOREST OFFICER
LAKAKVALLI RANGE, LAKAKVALLI
CHIKKAMAGALURU DIS - 577 101.
REPRESENTED BY STATE PUBLIC PROECUTOR
HIGH COURT BUILDING
BANGALORE - 560 001.
...RESPONDENT
(BY SRI RAHUL RAI K, HCGP)
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN FOC NO.16/2023-24 THE CASE IS
REGISTERED BY RANGE FOREST OFFICE, LAKKAVALI RANG,
LAKKAVALLI, CHIKKAMANGALORE DISTRICT FOR THE OFFENCE
P/U/S 62,71A,84,86,104-B OF THE KARNATAKA FOREST ACT AND
RULE 144 AND 165 OF THE K.F RULES 1969 PENDING ON THE FILE
OF THE CIVIL JUDGE AND ADDL.J.M.F.C AT TARIKERE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:40929
CRL.P No. 11029/2023
C/W CRL.P No.11152/2023
ORDER
Accused Nos.2 and 1 in FOC No.16/2023-24 registered
by the Range Forest Officer, Lakkavalli Range,
Chikkamgaluru, for the offence punishable under Sections
62, 71A, 84, 86, 104-B of the Karnataka Forest Act, 1963
and Rules 144 and 165 of the Karnataka Forest Rules,
1969, are before this Court in these two petitions under
Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. It is the case of the prosecution that on
06.09.2023, Range Forest Officials had got a credible
information that two persons were transporting
sandalwood and based on said information, they had
intercepted the petitioners, who were travelling in a motor
cycle bearing registration No. KA66-H2267 and from their
possession, 12 kgs 100 grams of sandalwood chips were
recovered and subjected to panchanama.
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CRL.P No. 11029/2023
C/W CRL.P No.11152/2023
4. Thereafter, the apprehended accused were
produced before the jurisdictional Court and remanded to
judicial custody. Their bail application filed before the
Court of Principal District and Sessions Judge,
Chikkamagaluruin Crl. Misc. Petn. No.693/2023 was
rejected on 22.09.2023. Therefore, they are before this
Court.
5. Learned counsel for the petitioners submit that
petitioners are in custody since 06.09.2023. Major portion
of the investigation is completed. The contraband article
has already been seized in the present case. Therefore,
the custody of the petitioners is not required. Accordingly,
prays to allow the petitions.
6. Per contra, learned HCGP opposes the bail
petitions. He submits that accused no.1 has criminal
antecedents and was earlier involved in similar case.
Hence, he prays to dismiss the petitions.
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7. The materials on record would go to show that
based on credible information, accused persons were
intercepted and apprehended and from their possession,
12 kgs 100 grams of sandalwood chips, which they were
carrying in a plastic bag was recovered. The petitioners
are in custody since 06.09.2023. Major portion of the
investigation in the present case is complete and
sandalwood chips, which were allegedly being transported
by the petitioners illegally has been seized and subjected
to panchanama. Accused No.1 as against whom similar
case was pending in S.C.No.14/2020 before District and
Sessions Court, Chikkamagaluru, was acquitted in the said
case vide judgment and order dated 12.09.2023 and
accused No.2 has no criminal antecedents. Under the
circumstances, I am of the view that petitioners have
made out a case for grant of regular bail.
8. Accordingly, the petitions are allowed. The
petitioners are directed to be enlarged on bail in in FOC
No.16/2023-24 registered by the Range Forest Officer,
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Lakkavalli Range, Chikkamgaluru, for the offence
punishable under Sections 62, 71A, 84, 86, 104-B of the
Karnataka Forest Act, 1963 and Rules 144 and 165 of the
Karnataka Forest Rules, subject to the following
conditions:
a) Petitioners shall execute personal bond for
a sum of Rs.1,00,000/- each with two sureties
for the likesum, to the satisfaction of the
jurisdictional Court;
b) The petitioners shall appear regularly on
all the dates of hearing before the Trial Court
unless the Trial Court exempts their appearance
for valid reasons;
c) The petitioners shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioners shall not involve in similar
offences in future;
e) The petitioners shall not leave the
jurisdiction of the Trial Court without
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CRL.P No. 11029/2023
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permission of the said Court until the case
registered against them is disposed off.
SD/-
JUDGE
DN
