ABDUL KHALEEL Vs. STATE

JUDGEMENT

(1.) THE petitioner herein, who has sought bail under Section 439 of the Cr. P. O. , is one of the accused in Forest Crime No. 127 of 1995 of ranebennur Police Station, registered for offences punishable under sections 379 and 411 of the IPC and Sections 86 and 87 of the Karnataka Forest Act. His application for bail having been rejected by the learned Sessions Judge, Haveri, he has approached this Court for his release on bail on several grounds, the main ground being that already eight years have elapsed from the date of the alleged offences and that he is in custody since more than three months and that therefore looking to the allegations he may be enlarged on bail permitting him to attend the trial whenever fixed.

(2.) THE prayer has been opposed by the learned Additional State Public Prosecutor who has filed objections. The main ground on which bail is opposed is that the petitioner had been released on anticipatory bail in the year 1995 on certain conditions, but that he having absconded, the trial Court could not proceed with the trial and therefore when the Trial court failed to commence the trial for want of this accused even after nbw and proclamation, the case against him was separated and a separate case was registered. It is stated that the accused-petitioner did not appear before the Court and later when it was learnt that he had been arrested in a different case and had been detained in jail, his presence was secured.

(3.) 1 have heard the arguments of Sri Kashinathrao Patil, the learned advocate for the petitioner and the learned Additional State Public prosecutor for respondent.