DEVI @ DEVIKA W/O CHANDRASHEKARA.V vs STATE OF KARNATAKA, BY RANGE FOREST OFFICER, TARIKERE

Accused No.4 in FOC No.22/2016-17 dated 14.12.2016 registered by the Range Forest Officer, Tarikere, against whom offences punishable under Sections 24(c), 50, 62, 11(A), 84, 86 of Karnataka Forest Act, 1963 read with Sections 39, 44, 50 and 51 of the Wild Life (Protection) Act, 1972, has filed this petition seeking anticipatory bail.

Heard Sri.Sachin B.S, learned counsel for the petitioner. Learned counsel for the petitioner submits that mahazar dated 14.12.2016 drawn by the Range Forest Officer contains an allegation that accused No.2 and 3 have stated that they have sold the sandalwood billets to accused No.1, who is the husband of petitioner. In the light of such categorical assertion and in the absence of any allegation against the petitioner, she has been falsely arraigned as accused No.4. She is a home-maker and has no source of income. Hence, could not have purchased the sandal wood billets. In the premise, he prays for allowing this petition and to grant anticipatory bail.

Sri.Vishwa Murthy, learned HCGP, opposing the petition submits that petitioner is none other than the wife of accused No.1. Accused No.2 and 3 have given a statement that they have sold the billets to accused No.1. She is also a party to the crime and therefore, she has been rightly arraigned as accused No.4. In view of the fact that petitioner is the wife of accused No.1, her involvement cannot be ruled out. Accordingly, he prays for dismissal of this petition.

A careful perusal of mahazar dated 14.12.2016 drawn before the Range Forest Officer duly signed by seven witnesses contains a categorical statement of fact that according to the petitioner, accused No.2 and 3 are alleged to have stated that they have sold the billets to accused No.1. In the circumstances, mere fact that accused No.4 is the wife of accused No.1 and she is shown as a co-accused shall not be a sufficient circumstance to disentitle her the benefit of a bail order. No other incriminating circumstances are brought to the notice of this court against the petitioner.

In the premise, petition merits consideration and the petitioner shall be entitled to anticipatory bail, subject to the following conditions:-

i) Petitioner shall surrender before the I.O. of the jurisdictional police station on or before 10th February 2017 and in such an event, petitioner shall be released on bail on her executing a personal bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the Investigating Officer.

ii) Petitioner shall mark her attendance at the Jurisdictional Police Station on 2nd and 4th Sunday of every month between 10 a.m. and 1.00 p.m. till filing of charge sheet.

iii) Petitioner shall co-operate with the Investigating Officer for conducting investigation and shall appear before investigating officer as and when called for;

iv) Petitioner shall not hold out threats to the prosecution witnesses or lure them in any manner.

v) Petitioner shall not involve in any criminal activities.

vi) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek for cancellation of bail.

Petition allowed.