SANTOSH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner-accused under Section 439 of Cr.P.C. in Nandagad P.S. Crime No.74/2019 for alleging an offence punishable under Section 379 of IPC, beside Sections 86 and 87 of the Karnataka Forest Act, 1963. Since from the date of his arrest, the petitioner is in judicial custody, therefore, learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.

(3.) It is stated in the complaint that the Police Sub-Inspector of Nandagad Police Station got credible information about a person being an accused, who was said to be transporting the sandalwood pieces in white colour fertilizer bag. Therefore, the P.S.I. shared the information with her staff and so also secured two panchas. Subsequently, they reached Channewadi Cross Bus Stop at around 5.40 p.m. and while watching over the movement of a person, one person was wearing light yellow and black line shirt and black pant coming on a bicycle, they intercepted the bicycle and the said person tried to escape from the spot. But the raiding team succeeded in apprehending the said person by chasing him. Subsequently, on verification as well as on enquiry, he revealed his name as Santosh Nagappa Hosur and stated that the sandalwood pieces were brought from bushes grown between the lands of Fakkanna Bukkennavar and Chandru Jogannavar. On further enquiry made by the raiding team, he did not produce any licence issued by the competent authority. Subsequently, the raiding team had drawn the panchanama in the presence of panch witnesses and seized the sandalwood pieces worth of Rs.80,000/- along with vehicle said to be used by the accused. Thereafter, recorded the FIR by registering the case against the accused and the accused has been produced before the jurisdictional Judicial Magistrate First Class.