LAKSHMANA REDDY, S/O. LATE. MUNIYAPPA AND SRI. GURUMURTHY, S/O. THAMMANNA Vs. STATE OF KARNATAKA BY KOLAR RURAL POLICE

JUDGEMENT

(1.) THE Petitioners have sought for bail having been arrested for the offence punishable under Section 87 of the Karnataka Forest Act read with Section 379 IPC.

(2.) THE facts reveal that on 27.01.2011 at about 6.00 a.m. the complainant heard some noise from his land bearing S. No. 138 wherein he had grown mango trees, went there and found that three persons were cutting sandal wood trees and immediately, he apprehended two persons, i.e., the Petitioners and one of them ran away from the place. It is thereafter that he submitted a complaint to the Police for the above said offences and the investigation is still going on. The Petitioners have sought for bail on the ground that they are innocent and have not committed any offence and further that they will be available for investigation or trial whenever required. They are ready and willing to abide by any conditions that may be imposed by this Court for their release on bail.

(3.) THE records reveal that the Petitioners are the first offenders in respect of the offence under Section 87 of the Karantaka Forest Act punishable with imprisonment not less than five years. It is submitted by the learned Govt. Pleader that the investigation is going on and the accused are in judicial custody. I do not think that their presence is necessary for the purpose of investigation and even if it is required, some conditions could be imposed upon the Petitioners to attend the Police Station. So taking into consideration the nature of the offence, the punishment provided and the fact that the Petitioners are the first offenders, they are entitled to the bail sought for. Hence, I proceed to pass the following: