On a bail petition under Section 439 Cr.P.C regarding theft of sandalwood accused in Karnataka Forest Act offences, the bench dismissed the plea holding that strict bail provisions under Section 104(D) of the Karnataka Forest Act apply and require proof of innocence.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO.10481/2022
BETWEEN:
SRI. VENKATESH S/O. DORESWAMY, AGED ABOUT 22 YEARS, RESIDING AT PALIYAPALAYAM VILLAGE, THIRUPATTUR TALUK, VELLORE DISTRICT, TAMIL NADU-04179
...PETITIONER
(BY SRI.D.JAGAEESAN, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY HIGH GROUNDS POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA BENGALURU – 560 001
...RESPONDENT
(BY SMT. RASHMI JADAV, HCGP)
THIS PETITION IS FILED U/S 439 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.113/2022 OF HIGH GROUNDS POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 86, 87 OF KARNATAKA FOREST ACT, 1963 AND SEC.379 OF IPC PENDING ON THE FILE OF THE VIII ACCM ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioner – accused No.4 has filed this petition under Section 439 of Cr.P.C for enlarging him on bail in respect of High Grounds Police Station in Crime No.113/2022 registered for the offence punishable under Section 379 of Indian Penal Code and under Sections 86, 87 of the Karnataka Forest Act, 1963 pending on the file of VIII Addl. Chief Metropolitan Magistrate, Bengaluru.
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a complaint against the unknown persons which was registered in the above said Crime No.113/2022.
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this regard. The records disclose that the petitioner was apprehended on suspicion, and on interrogation he admitted the commission of the offence and later on he led the investigation team to the house of accused No.3Ramachandra, from there the stolen sandal wood billets were recovered. Prima-facie, there is sufficient evidence to establish that the sandalwood billets were recovered at the instance of the present petitioner from the custody of accused No.3.
"104D.- Special provision regarding bail - Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (Central Act 2 of 1974) no person accused of a forest offence, punishable under Section 86 or 87 or 104A or in respect of ivory, shall,
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if in custody, be released on bail or on his own bond unless,-
Hence, as per Section 104(D)(b) of the above said
Act, it is evident that a negative burden is casted on the petitioner to prove his innocence and the Court can grant
bail, when it comes to the conclusion that there are reasonable grounds for believing that the petitioner is not
guilty of all the offenses. In the instance of the case the material evidence disclose that at his instance, the sandalwood tree billets were recovered from the custody of accused No.3-Ramachandra. The prosecution has also seriously objected for granting the bail.
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Accordingly, this petition stands dismissed .
Sd/JUDGE
GJM
1 issue framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C for offences under the Karnataka Forest Act, 1963.
4 provisions across 3 enactments
Sri. Venkatesh
The State of Karnataka
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court