(1.) This petition is filed by the petitioner under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Banahatti ROR Crime No.33/2020-21 of Range Forest Officer, Banahatti Range, Bagalkote Division, registered for the offences punishable under Sections 80, 84, 86 and 87 of Karnataka Forest Act, 1963, Rule 144 and 145 of Karnataka Forest Rules, 1969 (hereinafter referred to as the 'Act, for brevity) and Section 379 of IPC.
(2.) It is the case of the prosecution that Forest Officials registered a case in ROR No.33/2020-21 on 19.11.2020 for the offences punishable under Sections 80, 84, 86 and 87 of the Act, 1963, Rule 144 and 145 of Karnataka Forest Rules, 1969 and Section 379 of IPC against the unknown accused persons. During the course of investigation, the Investigating Officer has issued notice under Section 41-A of Cr.P.C., calling upon the petitioner to appear before him for investigation. The said notice is dated 13.01.2021. The petitioner has not appeared before the Investigating Officer in response to the notice as he has apprehension that if he appears before the I.O, there is likelihood of he being arrested. The petitioner apprehending his arrest has filed Crl.Misc.No.5063/2021 seeking bail and the same came to be rejected by I Addl. District and Sessions Judge, Bagalkot to sit at Jamkhandi, by order dated 29.04.2021. Therefore, the petitioner is before this Court seeking anticipatory bail.
(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.