Dismissed

Onkarappa S/O Nagappa v. State of Karnataka

Karnataka HC12 Jun 2024CRL.P/2302/2024

Case brief

AI extract

What is this about?

In this criminal petition, the High Court of Karnataka dismissed the petitioner's application for anticipatory bail. The Court held that the petitioner was not entitled to relief as he was absconding from the time of the search operation, despite credible information regarding illegal storage of sandalwood.

What did the court decide?

Petition dismissed; order under Section 438 Cr.P.C. denied due to petitioner's absence.

Onkarappa S/O Nagappa Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2024)

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1 - NC: 2024:KHC:20567 CRL.P No. 2302 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2302 OF 2024

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BETWEEN:

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ONKARAPPA S/O NAGAPPA, AGED ABOUT 53 YEARS, R/O THIPPAGONDANAHALI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE - 577 213.

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…PETITIONER (BY SRI. GOPAL K.B, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY FOREST OFFICER, SUB ZONE, CHANNAGIRI BRANCH AND ZONE, BHADRAVATHI DIVISION, CHANNAGIRI TALUK - 577 213.

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REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, BANGALORE - 560 001.

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Digitally signed by V KRISHNA Location: High Court of Karnataka

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…RESPONDENT

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(BY SRI. RAHUL RAI K, HCGP)

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THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO PASS AN ORDER OF GRANTING ANTICIPATORY BAIL TO THE PETITIONER, AND DIRECTING THE RESPONDENT RFO TO IMMEDIATELY RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN FOC NO.04/2023 FOC 04/2023-24 FOR THE ALLEGED OFFENCE P/U/S 80, 84, 86, 104(A) OF KARNATAKA FOREST ACT ON THE FILE OF THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC AT CHANNAGIRI DAVANAGERE AND SET ASIDE THE ORDER CRL.MISC.NO.987/2023 ON PRL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE.

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

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2 - NC: 2024:KHC:20567 CRL.P No. 2302 of 2024

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ORDER

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The petitioner-accused is before this Court seeking grant of anticipatory bail in FOC No.04/2023-24 of Channagiri Branch and Zone, Bhadravathi Division, pending on the file of the learned Prl. Civil Judge and JMFC, Channagiri, registered for the offences punishable under Sections 80, 84, 86, 104(a) of Karnataka Forest Act.

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Heard Sri.Gopal K.B., learned counsel for the petitioner and Sri. Rahul Rai K, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

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In view of the rival contentions urged by the

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learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?”

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My answer to the above point is in ‘Negative' for the following:

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R E A S O N S

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The petitioner being sole accused is seeking grant

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of anticipatory bail on apprehension of being arrested. It is

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3 - NC: 2024:KHC:20567 CRL.P No. 2302 of 2024

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stated that the forest officials received the credible information regarding illegal storage of sandalwood and other valuable trees in the cow shed situated beside the house of the petitioner. When search was held, it is stated that 6.5 kgs sandalwood pieces were found in the cow shed of the petitioner along with other pieces of valuable trees. It is pertinent to note here that search was held on 27.07.2023 till date, the petitioner was absconding. Under these facts and circumstances, the petitioner is not entitled for anticipatory bail.

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Accordingly, I answer the above point in the negative and proceed to pass the following:

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ORDER

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The petition is dismissed.

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Sd/JUDGE

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JS List No.: 1 Sl No.: 14, CT: BHK

Onkarappa S/O Nagappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Onkarappa S/O Nagappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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