MANJU NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.103374/2022 is filed by the accused Nos.1 to 3 under Sec. 439 of Cr.P.C., and Criminal Petition No.1003375/2022 is filed by the accused Nos.4 to 7 under Sec. 438 of Cr.P.C. Both the petitions are filed in respect of Crime No.7/2022-2023 of Sandur North Forest Zone, registered for the offences punishable under Ss. 86 , 87 read with Ss. 104-D, 62 and 71-A of Karnataka Forest Act, 1963 and Rule 154 of Karnataka Forest Rules, 1969.

(2.) The case of the prosecution is that, the Forest Officials have registered a case in Crime No.7/2022-2023, stating that, on 17/9/2022, the complainant who was on patrolling duty at Ramana Malai, near Raghapura Forest Area, received a credible information about transportation of sandalwood pieces near Raghapura Sasya Keshtra illegally. Immediately, he along with Forest Officer, staff and panchas visited the spot and found that, some of the persons were engaged in loading of sandalwood billets in a vehicle. They caught hold three persons and four persons ran away. They arrested accused Nos.1 to 3 and seized the vehicle containing sandalwood pieces and other articles under Mahazar and gave complaint. The accused Nos.1 to 3 are in judicial custody. The accused Nos.1 to 3 filed Criminal Misc. No.815/2022 seeking bail and the same came to be rejected by the Principal District and Sessions Judge, Ballari, by order dtd. 28/10/2022. The accused Nos.4 to 7 apprehending their arrest, filed Criminal Mics. No.817/2022 seeking anticipatory bail and the same came to be rejected by order dtd. 28/10/2022 by Principal District and Sessions Judge, Ballari. Therefore, accused Nos.1 to 3 are before this Court seeking bail and the accused Nos.4 to 7, seeking anticipatory bail.

(3.) Heard the arguments of the learned counsel for the petitioners and the learned HCGP for the respondent- State.