MUDDIYADA THIMMAIAH AND KANDERA M. GANAPATHI Vs. STATE

JUDGEMENT

(1.) THIS is the petition filed by petitioners/accused Nos. 3 and 4 under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 83, 84, 85, 86 and 87 of the Karnataka Forest. Act and Rules 109, 119 of Karnataka Forest Rules read with Section 379 of I.P.C. registered by respondent -Police in crime No. 166/2013.

(2.) THE brief facts of the prosecution case as per the averments in the complaint is that on 6 -11 -2013, the Sub -inspector of Police, FMS, Virajpet, Kodagu, received credible information at 11 p.m. that accused Nos. 1 to 5 after chopping of sandalwood said to have been stored at Kiran's house and on receipt of credible information, he along with eight constables and panchas went to house of Kiran at Kottigere Village, Vijrajpet and thereafter noticed that there are about six persons, out of them three escaped and thereafter arrested the petitioners and noticed thirty sandalwood billets weighing about 116 grams in different measurements and the mahazar has been drawn between 4.00 to 6.30 p.m. thereafter returned back to the Police Station and filed a complaint. On the basis of said complaint, case has been registered against the petitioners and other accused persons for the alleged offences.

(3.) LEARNED counsel for the petitioners during the course of his arguments submitted that present petitioners are totally unconnected with the alleged offences and even if the case of the prosecution is accepted, the sandalwood billets were seized from the house of accused No. 1, that is, Kiran and not from these petitioners. The learned counsel submitted that the petitioners are agricultural labourers and they have not at all involved in the commission of the alleged offences. Hence, learned counsel submitted that by imposing reasonable conditions, the petitioners be released on bail.