SRI. UMERABBA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioner-accused No.2 under section 439 of Cr.P.C , 1973to release him on bail for the offence punishable under Sections 86, 87 and 71 of Karnataka Forest Act in C.C No.86/2016 on the file of the Principal Civil Judge and JMFC, Udupi.

(2.) I have heard the learned counsel for the petitioner accused No.2 and learned High Court Government Pleader for the respondent-State.

(3.) The gist of the case is that on 21.09.1989 at about 3.15 a.m. mobile squad of Moodbidri found a car bearing Registration No.KLM 953 along with sandalwood billets weighing 102.450 Kgs near Hejamadi Junction of NH 17 (Now NH 66) and the petitioner and other two persons were also there in the said car. The Investigating Officer arrested the petitioner and another accused and thereafter, the petitioner-accused No.2 applied for bail and was released on bail. After completion of the investigation, the Investigating Officer filed the charge sheet. The petitioner-accused No.2 remained absent. Split up case was registered in the above said C.C. No.86/2016 and the matter was transferred to Udupi Court for disposal. As the petitioner-accused No.2 remained absent, the learned trial Court issued NBW as against the accused and subsequently, the petitioner-accused No.2 surrendered before the Court and he has been remanded to judicial custody.