BHAGAVAN KANTHARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned HCGP. Perused the records.

(2.) THE allegations made against the petitioner are that, when the Forest Officials on 14.11.2013 searched the property belonged to the petitioner, they found that the petitioner was in possession of 25 billets of Nandi trees in Sy.No. 123/1 situated at Badagtabylu Village, N.R. Pura Taluk. On the same day they also found 26 billets of Nandi trees and the Forest Officials have seized the same on the same day. It is further alleged that the land bearing Sy.No.124 of Badagebylu Village and Sy.No.33 of Belluru Village and other survey numbers were in possession of the petitioner and petitioner found in possession of 123 billets of the Nandi wood and other wood and he had illegal possession of the same without any permission or licence to cut the said trees. It is also alleged that on 16.11.2013 they have seized all the logs consisting of 21 billets of Nandi, Rosewood, Mango and other trees and drew up the mahazar dated 22.11.2013. It is alleged by the Forest Officials that the petitioner has encroached the forest land and also cut and removed the trees in the reserved forest area which is impermissible. On the above said allegations, they have registered a case under Sections 8 and 22 of Karnataka Trees Preservation Act, 1976.

(3.) I have also perused the orders passed by the Sessions Court. The Sessions Court relied upon certain Rulings for the principles that the Court has to consider the ingredients of the offence alleged to have been committed, the nature of accusation, nature of evidence in support thereof, severity of punishment for which conviction will entail, the character of accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of accused at the trial, reasonable apprehension of the witnesses being tampered with and the larger interest of the public/state.