Allowed

Kumar @ Kumarappa v. State by Drfo

Karnataka HC21 Jan 2022CRL.P/56/2022

Case brief

AI extract

What is this about?

H.P. Sandesh J. allowed the anticipatory bail petition filed by an agriculturist accused of illegally cutting sandal wood. The court imposed strict conditions including surrender within ten days, cooperation with investigation, and mandatory monthly appearances before the Investigating Officer to ensure prosecution interests are safeguarded.

What did the court decide?

Petitioner allowed anticipatory bail subject to personal bond of Rs. 2 Lakhs with sureties, surrender within 10 days, monthly appearance before Investigating Officer, and prohibition from leaving juri

Kumar @ Kumarappa Vs State by Drfo — Environment and Pollution | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JANUARY, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE H.P. SANDESH

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CRL.P.NO.56/2022

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BETWEEN:

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KUMAR @ KUMARAPPA S/O HANUMANTHAPPA AGED ABOUT 50 YEARS AGRICULTURISTS YAREHALLI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213

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...PETITIONER

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(BY SRI.BOPANNA.B., ADV.)

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AND:

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STATE BY DRFO SHANTHISAGAR RANGE OFFICE MAVINAKATTE BRANCH CHANNAGIRI TALUK DAVANAGERE DISTRICT

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REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001

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…RESPONDENT

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(BY SRI.KRISHNA KUMAR.K.K, HCGP)

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THIS CRL.P FILED U/S 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN FOC CR.NO.40/2021-22 OF DRFO, SHANTHISAGAR RANGE, MAVINAKATTE FOR THE OFFENCE P/U/S 33V, 50, 62, 80, 86, 87 OF THE KARNATAKA FOREST ACT AND RULES 144 AND 165 OF KARNATAKA FOREST RULES.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.40/2021-22 registered by the DRFO, Shanthisagar Range Office, Mavinakatte Branch, Channagiri Taluk, Davanagere District, for the offences punishable under Sections 33V, 50, 62, 80, 86, 87 of the Karnataka Forest Act and Rules 144 and 165 of the Karnataka Forest Rules.

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Heard the counsel for the petitioner and also the counsel appearing for the State.

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The factual matrix of the case is that this

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petitioner along with other accused indulged in cutting the sandal wood pieces. When the complainant heard the sound of cutting branches and went near the spot, the accused tried to escape from the spot and accused No.1 was apprehended and they seized one bag containing sandal wood pieces weighing two kgs and another bag containing six kgs. Hence, a case has been registered under the Forest Offence and case is under investigation.

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Learned counsel appearing for the petitioner would submit that allegation against the petitioner is that he indulged in cutting the sandal wood pieces and no recovery is made at the instance of this petitioner but, recovery is made at the instance of co-accused. This Court has already enlarged the co-accused on bail and hence, this petitioner may be enlarged on bail and that he would assist the Investigating officer.

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Per contra, learned High Court Govt. Pleader appearing for the State would submit that the sandal wood pieces was seized at the instance of accused No.1 and this petitioner has escaped from the spot and hence, his presence is required for further investigation.

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Having heard both the counsels and on perusal of the records and taking note of the quantum of sandal wood pieces seized at the instance of accused No.1 and no seizure having been made at the instance of this petitioner, I am of the opinion, it is a fit case to exercise the powers under Section 438 of CR.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:

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ORDER

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The petition is allowed. Consequently, the

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petitioner shall be released on bail in the event of his arrest in connection with Crime No.40/2021-22 of DRFO,

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Shanthisagar Range Office, Mavinakatte Branch,

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Channagiri Taluk, Davanagere District, for the offences punishable under Sections 33V, 50, 62, 80, 86, 87 of the Karnataka Forest Act and Rules 144 and 165 of Karnataka Forest Rules, subject to the following

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conditions :-

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(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.

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(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.

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(iii)The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for.

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(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.

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(v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.

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Sd/-

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JUDGE

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NG*

Kumar @ Kumarappa v. State by Drfo

Case brief

What is this about?

What did the court decide?

Kumar @ Kumarappa v. State by Drfo

Case brief

What is this about?

What did the court decide?

What the court decided

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