G.V. ANANDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS have been arraigned as accused Nos.2 to 6 in Forest Offence Case No.48/12-13 registered by RFO Kudlipet Sub Range, Shanivarasanthe Range, Kodagu District registered for the offences punishable under Sections 62, 71-A, 80, 104-A of Karnataka Forest Act, 1963 and Rules 144, 127-A r/w Rule 165 of Karnataka Forest Rules, 1969.

(2.) ACCORDING to the case of the prosecution on 22.12.12 the Forest officials received credible information that Rose wood logs are being transported illrhslly in a lorry. Immediately the forest officials reached a place on the road leading from Uruguthi Village to Kudlipet and when they were waiting there, at about 6.00 p.m., they saw a Maruthi Omni bearing registration No.KA-04-P-1224 coming on the road ahead of a mini lorry. Though the forest officials gave signal to the driver of the Maruthi van he did not stop the vehicle and fled away from the place. Thereafter, the forest officials managed to stop the mini lorry, however, the lorry driver managed to escape. At the same time, they also saw these 5 petitioners coming behind the mini lorry on 3 two wheelers. Though they tried to run away from the place, the forest officials managed to catch hold all of them. They also noticed rose wood logs loaded in the mini lorry. The forest officials suspected that these petitioners were escorting the mini lorry loaded with rose wood logs. Therefore, petitioners were apprehended. During interrogation, they said to have confessed to the crime. The 18 logs found in the mini lorry were seized along with the lorry and the motor cycles by drawing a detailed mahazar. On that basis, the forest offence case came to be registered. Later, petitioners were produced before the judicial Magistrate and they were remanded to judicial custody. Their application filed before the learned Sessions Judge for relief of bail came to be rejected. Therefore, they are before this Court.

(3.) I have heard both the sides and perused the records made available.