H S MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The question that arises for consideration in both these crimi nal petitions is whether the High Court or the Sessions Court can grant bail to the petitioners under Section 438 of Cr. PC while they are accused of the offences punishable under the Karnataka Forest Act, 1963 ('the Act' for short) and apprehend arrest at the hands of the Range Forest Officer.

(2.) The petitioners in Cr. P. Nos. 1601 and 1682 of 1994 are accused of offences under Sections 84, 86, 87 and 71 (a) of the Act and FIRs were filed before the JMFC, Thirthahalli in Crime Nos. 154/94 and 177/94 respectively. Appre hending arrest, the petitioners filed petitions be fore the Principal Sessions Judge, Shimoga un der Section 438, Cr. PC for the grant of anticipa tory bail. The learned Sessions Judge dismissed the petitions holding that the petitions are not maintainable, following the decision of the learned single Judge in Shankar Nayak v. State of Karnataka (1991 Crl LJ 1468). The petitioners filed Cr. P. Nos. 1601 and 1682 of 1994 which were heard by the learned single Judge and the matters are referred to the Division Bench as there was a conflict of decisions in 1991 Crl LJ 1468 (Kant) and in Gaffarsab v. State of Karnataka (1991 (1) Kar LJ 12) : (1991 Cri. LJ 2136).

(3.) The learned counsel for the petitioners contended that Section 438, Cr PC empowers the High Court and the Sessions Court to grant anticipatory bail to any person apprehending arrest at the hands of a police officer or any other officer empowered to arrest under any other law and that the decision of Ramachandraiah, J., in Shankar Nayak's case 1991 Cri LJ 1468 (Kant) (supra) is not correct as the same learned Judge took a view in Gaffar Sab's case 1991 Cri LJ 2136 (Kant) (supra) that anticipatory bail can be granted, which represents the correct view. On the other hand, the learned Government Pleader contends that anticipatory bail cannot be granted as no directions can be issued to a Forest Officer or any other officer who is not a police officer within the purview of Sub-Section (3) of Section 438, Cr. P.C.