BUDDESAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This bail petition is filed under section 438 of Cr.P.C. seeking to enlarge the petitioner on bail in the event of their arrest in Shorapur Circle Forest Crime No.31/2018-19 (FIR No.647/2018)(Cr.No.102124/2018) for the offences punishable under sections 84 and 86 of Karnataka Forest Act, 1963.

(2.) It is the case of the prosecution that one Sri Sunil Kumar, Range Forest Officer, registered a case in Shorapur Circle Forest Crime No.31/2018-19 for the offence punishable under section 86 of the Karnataka Forest Act, 1963. It is stated that on 21/11/2018 at about 12.30 p.m., the complainant Officer received information that some persons are cutting the sandalwood trees in the forest near Channur village. Therefore himself and his staff on hearing the cutting sound of trees went near the said spot. All the three accused persons ran away from the spot and he found that a sandalwood tree was cut into four pieces in the said place which weighs 10.120kgs. The petitioners have stated that their names have been mentioned as accused Nos.1 to 3 in the FIR and therefore they are apprehending their arrest at the hands of respondent Forest Authorities. Therefore they have filed this bail petition.

(3.) The petitioners have further stated that they are innocent and they have been involved in the case just to harass them. Looking at the averments made in the complaint and other materials absolutely there is no material to comply section 3 and 83 of the Karnataka Forest Act and other mandatory provisions of section 62 and 71 of the Act. The Forest Officers have already seized the sandalwood billets and no further recovery of alleged sandalwood would arise. The petitioners have got their families and they are having movable and immovable properties. They are ready to furnish surety and abide by the conditions that may be imposed by the Court.