High CourtsSingle Bench(2012) 07 KAR CK 0063

T.C. Riyaz Ahammed Alias T.C. Riyaz vs The Station House Officer, Somwarpet Police Station, Somwarpet, Kodagu District

Karnataka High Court · Decided on 5 July 2012 · Citation: (2012) 5 KarLJ 46

HON’BLE JUDGES
Subhash B. Adi, J
CASE NUMBER
Criminal Petition No. 3523 of 2012

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Judgment

5 paragraphs · 200 words

Subhash B. Adi, J.—The petitioner is accused in Crime No. 102 of 2012 registered by Somwarpet Police, Kodagu District for the offences punishable u/s 33 (2)(v) of Karnataka Forest Act, 1963, Sections 22 and 8 of Karnataka Preservation of Trees Act, 1976, Sections 3 and 5 of Explosive Substances Act, 1908, Section 9-B of Explosives Act, 1884, Section 2 of the Forest (Conservation) Act, 1980 and Sections 146 and 148 of Explosives Rules, 1983. The allegation against the petitioner is that, the petitioner has used blasting material to blast the mine which has resulted in damage of forest properties worth Rs. 5,00,000/-.

2.

Considering the circumstances, the allegation against the petitioner and as it is submitted that the petitioner has licence to use the blasting material to blast the mine, I find that he could be enlarged on bail. Accordingly, petition is allowed. Petitioner is enlarged on bail subject to the following conditions:

(i) The petitioner shall execute a personal bond for Rs. 25,000/- with two solvent sureties for the like sum to the satisfaction of the Trial Court.

(ii) The petitioner shall regularly attend the Court on hearing dates.

(iii) The petitioner shall not tamper with the prosecution witnesses.