GURUMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.7 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in FIR No.06/2020-21 of Range Forest Office, Dharwad Town, registered for the offences punishable under Sections 2(7)A, 84, 86, 87, 24C, 24E, 71A, 62 of Karnataka Forest Act, 1963 and Sections 379, 414, 423 of IPC and Rules 144 and 165 of Karnataka Forest Rules, 1969.

(2.) It is the case of the prosecution that the complainant/informant received a credible information on 05.01.2021 at about 10.00 p.m. about transportation of sandalwood logs in vehicle bearing registration No.KA-22/D-0136. Accordingly, they followed the said vehicle, however the driver of the said vehicle escaped and on enquiry they came to know that the said vehicle has passed from Bankapur Toll Naka, Haveri. Based on the said information the informant and others went towards Bengaluru-Pune Highway and near Chalegeri Toll Gate they came to know that the vehicle has not passed the said toll, and when they were waiting near said toll, they requested Ranebennur Forest Officer, to send some local Officers to the spot. Accordingly, as per request, Forest Officers of Alladakatti Range came to the spot. At about 04.00 in the afternoon the vehicle had stopped near the toll about 2 kms away and on verification the vehicle was bearing registration No.KA-22/D- 0136, TATA 207 and the persons in the vehicle revealed their names and their address and they revealed that they had come from Raibag and were going to Andhra Pradesh. After checking the said vehicle they found that it was containing sandal wood and accused Nos.1 and 2 revealed that they had brought the same from the house of one Parasappa-accused No.3 and Pundalkit Srikant Bhajantri-accused No.6. When they were going towards Hubballi and had come near Gabbur Toll Gate, they found the vehicle bearing registration No.KA-51/MK- 7821 which was identified by accused No.1 and it was found that in the said car, Parasappa Srikant Bhajantri/accused No.3, Mahadev Bhimappa Mang/accused No.4 and Raju Vittal Bhajentri-accused No.5 were traveling and sandalwood was also found in the dickey of the said vehicle. On enquiry, they revealed they used to purchase the said sandalwood from different parts of Dharwad, Belagavi, Bagalkote, Vijayapur districts and sell to accused No.7 the Manager of M/s. Agali Rural Industries, Anantpur, Andra Pradesh. The said complaint came to be registered in FIR No.06/ 2020-21 on 06.07.2021. The petitioner- accused No.7 came to be arrested on 17.07.2021. The petitioner filed Crl. Misc. No.665/2021 seeking bail and the same came to be rejected by the learned IV Additional District and Sessions Judge, Dharwad by order dated 24.09.2021.

(3.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State and perused the charge sheet papers.