(1.) This petition is filed by accused No.1 under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Katur Forest Crime No.2/2022-23 registered for the offences punishable under Sec. 379 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity), Sec. 24(e) of Karnataka Forest Act and Rule 165 of Karnataka Forest Rules, 1965.
(2.) The case of the prosecution is that, one Nagaraj H Kalal, RFO, Katur has filed the complaint on 21/6/2022 before the learned Magistrate, Mundgod alleging that they have registered one FIR in their Crime No.2/2022-23 on 03. 06.2022 against two accused persons for the alleged offences punishable under Sec. 379 of IPC and 24(e) of Karnataka Forest Act and Rule 165 of Karnataka Forest Rule, 1965. It is further stated that the accused persons were transported the teak wood logs illegally without pass or permit from the Hanumapur division forest land in block and Com No.XXII-15. The Investigating Officer has seized the said wood logs from the possession of accused No.2 by preparing Mahazar in the presence of pancha witnesses and accused No.2 disclosed the names of other accused persons. The said Forest Official had arrested accused No.2 on 21/6/2022 and he was remanded to judicial custody. Accused No.2 is his voluntary statement has disclosed the names of this petitioner and other accused. The petitioner apprehending his arrest has filed Criminal Miscellaneous No.5183/2022 seeking anticipatory bail and the same came to be rejected by the I Additional District and Sessions Judge, U.K. Karwar sitting at Sirsi by order dtd. 20/7/2022. Therefore, the petitioner is before this Court seeking anticipatory bail.
(3.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent No.1-State.