LAWS(KAR)-2020-4-5

SIRAJUDDIN @ SIRAJ Vs. STATE

Decided On April 21, 2020
Sirajuddin @ Siraj Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Petitioners being the accused Nos.3, 4, 5 and 6 in Crime No.18/2020 registered by the Santhebennur police, for offences punishable under Section 379 IPC, 41(D) and 102 of Cr.P.C and also Sections 86 and 87 of Karnataka Forest Act, 1963, are invoking the jurisdiction of this Court for their enlargement on bail, their Crl.Misc.No.161/2020 for the said purpose having been rejected by the learned Principal District and Session Judge, Davanagere vide order dated 29.02.2020.

(2.) After service of notice, the respondent -State having entered appearance through its HCGP Sri. Mahesh Shetty vehemently opposes the bail petition contending that the material collected in the investigation at once rebuts the version of the petitioners; he also submits that releasing the petitioners is unsafe to the peace and order in the society and poses danger to the sandal wood trees that are scarcely found nowadays.

(3.) Having heard the learned counsel for the parties and having perused the Case Papers, this Court is of a considered opinion that petitioners are entitled to restoration of their personal liberty by way of enlargement on bail for the following reasons: