Allowed

Abdul Rehaman @ Rehmathulla v. State of Karnataka

Karnataka HC18 Aug 2022CRL.P/5612/2022

Case brief

AI extract

What is this about?

The Karnataka High Court granted anticipatory bail to the petitioner in a case involving the theft of sandalwood. The court imposed conditions requiring a surety bond, regular court attendance, and a commitment not to tamper with witnesses or engage in criminal activities.

What did the court decide?

Petitioner granted anticipatory bail in the event of arrest for offences under Section 379 IPC and Sections 86, 84 of Karnataka Forest Act, subject to bonds and conditions.

Abdul Rehaman @ Rehmathulla Vs State of Karnataka — Narcotics (NDPS) | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^th DAY OF AUGUST 2022

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BEFORE

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO.5612 of 2022

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BETWEEN:

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ABDUL REHAMAN @ REHMATHULLA S/O ABDUL BASHEER SAB, AGED ABOUT 45 YEARS, R/O KHARADI MOHALLA, SIRA TOWN, TUMKUR-572101.

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… PETITIONER

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(BY SRI. S. BALAKRISHNAN, ADVOCATE) (PH)

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AND:

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STATE OF KARNATAKA BY TIPTUR TOWN P S, REP BY SPP, HIGH COURT BUILDING, BANGALORE-560 001.

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(BY SRI. S.VISHWA MURTHY, HCGP) (PH)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST CR.NO.153/2020 FOR THE OFFENCE P/U/S 379 OF IPC AND SEC.86,84 OF KARANATAKA FOREST ACT ON THE FILE OF TIPTUR TOWN P.S., TUMKURU PENDING BEFORE THE

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SENIOR CIVIL JUDGE AND JMFC, TIPTUR TUMKURU DISTRICT.

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THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING;

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ORDER

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This petition is filed under Section 438 of Cr.P.C by

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accused No.4 to release him in the event of his arrest in connection with a case registered in Crime No.153/2020 of Tiptur Town Police Station.

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Heard the learned counsel for the petitioner and

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learned HCGP for respondent and perused the material on record.

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FIR was registered against unknown persons for

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the offence punishable under Section.379 of I.P.C and Sections 86 and 84 of The Karnataka Forest Act, 1963

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on the basis of a complaint lodged by one Kanchipathi, resident of Gandhinagar, Tiptur Town, Tumkur.

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It is alleged in the first information report that

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there was a sandalwood tree grown in the land of first

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informant and some thieves have cut and removed the said sandalwood tree in the mid night of 02.10.2020.

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Accused Nos.1 and 2 came to be arrested on 05.12.2020. Based on their voluntary statement, the

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name of present petitioner came to be revealed.

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The charge sheet was filed against the accused Nos.1 to 4 for the offences punishable under Section 379 of IPC and Sections 86 and 84 of the Karnataka Forest Act, 1963.

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The allegations against the petitioner is that accused Nos.1 to 3 after cutting the sandalwood tree have sold the same to the present petitioner.

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The learned HCGP contends that the petitioner is a habitual offender. He has been absconding and therefore, NBW has been issued against him.

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One iron chopper, one iron sawmill blade and sandalwood billets are said to have been seized from the

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arrested accused. From the charge sheet material, it appears that only on the basis of the voluntary statement of accused Nos.1 and 2, the name of the present petitioner is revealed. There is no sufficient material to show at this stage that the petitioner has purchased sandalwood billets from accused Nos.1 and 2. It is submitted that accused Nos.1 to 3 have been enlarged on bail. Petitioner has undertaken to furnish sufficient surety and to abide by other conditions. In the

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facts and circumstances, the relief sought by the petitioner can be granted by imposing suitable conditions. Accordingly following:-

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ORDER

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Petition is allowed.

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In the event of arrest of the petitioner in Crime No.153/2020 of Tiptur Town Police Station for the offences punishable under Section 379 of IPC and Sections 84 and 86 of the Karnataka Forest Act,1963 he shall be released subject to following conditions:-

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a. The petitioner shall appear before the jurisdictional Court within a period of two weeks from the date of receipt of copy of this order and execute a bond in a sum of `1,00,000/-(Rupees One lakh only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court.

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b. Petitioner shall co-operate with the further investigation of the case if any.

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c. Petitioner shall furnish address proof and shall inform I.O/Court if there is change in the address.

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d. Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.

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e. Petitioner shall be regular in attending the Court proceedings.

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f. Petitioner shall not involve in any criminal activities.

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Sd/JUDGE

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Abdul Rehaman @ Rehmathulla v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Abdul Rehaman @ Rehmathulla v. State of Karnataka

Case brief

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What did the court decide?

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