ABDUL RAHEMAN Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE Petitioner herein is accused No. 6 in Crime No. 61 of 2003 (C.C. No. 22 of 2003) of Haveri Town Police Station, Haveri, pending on the file of the CJM Court, Haveri. The Petitioner has sought for an order of anticipatory bail in the said crime.

(2.) THE records disclose that on 24.4.2003, the Sub -Inspector of Police along with his staff members stopped the car bearing registration No. KA -09 -M -1970 in the early morning at 5.00 a.m. at Guthala Cross, Haveri. On an inspection, the police found sandalwood pieces inside the car and thereafter, seized the car as well as the sandalwood pieces. Totally, five persons were found in the said car. Out of them, few accused absconded. Ultimately, a case was filed against the five persons for the offences punishable under Sections 86, 87 of Karnataka Forest Act and Sections 379 and 411 of Indian Penal Code During the course of investigation, the police came to know that the Petitioner is the registered owner of the said car and hence, the charge sheet has been filed against him also showing him as accused No. 6 and absconding.

(3.) HENCE , the following order is passed: Criminal Petition is allowed. The Petitioner is granted an order of anticipatory bail, for a limited period of one month from today on the following conditions: a) The Petitioner shall surrender before the Investigating Officer on or before 6th of October, 2003. b) In case of such a surrender, the Investigating Officer shall release the Petitioner, on his executing a bond for a sum of Rs. 50,000/ - with two sureties for the like sum to the satisfaction of the Investigating Officer. c) The Petitioner is at liberty to file the regular bail petition under Section 439 Code of Criminal Procedure before the appropriate Court, if he chooses to do so within one month from today. d) If such an application for regular bail is filed by the Petitioner, then this order continues till the disposal of the said regular bail petition. e) The Petitioner shall not tamper the prosecution witnesses and he shall make himself available for interrogation by police, if need be. f) The Petitioner shall co -operate with the Investigating Officer for completion of investigation and he shall mark his presence on 1st of every month between 10.00 a.m. to 12.00 noon before the Investigating Officer during the investigation as well as during the trial of the criminal Case.