Case Note & Summary
The petitioner, Mr. Vijay Kumar K., filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in F.O.C.No.10/2005-06 (C.C.No.17/2020) registered by the Range Forest Officer, Sringeri, Chikkamagaluru District, for alleged offences under Sections 62, 86, and 87 of the Karnataka Forest Act, 1963, and Rule 154 of the Karnataka Forest Rules. The case of the prosecution was that a case was registered against the petitioner and two others for the aforesaid offences. After investigation, a chargesheet in C.C.No.265/2006 was filed showing the petitioner as absconding. Consequently, the trial Court ordered to split up the case against the petitioner and numbered it as C.C.No.17/2010, issuing NBW followed by proclamation and attachment under Sections 82 and 83 of CrPC. The petitioner was arrested and remanded to judicial custody. The petitioner's counsel argued that the petitioner was not involved in any other criminal case, had no criminal antecedents, and the trial was likely to take a long time as the case was of the year 2005-06. The High Court, after hearing both sides, observed that the petitioner had no criminal antecedents and the trial was pending for a long time. The Court held that the prolonged incarceration without trial violates Article 21 of the Constitution and granted bail to the petitioner subject to certain conditions. The Court directed the petitioner to be released on bail upon executing a personal bond of Rs. 1,00,000 with two sureties, and imposed conditions including that the petitioner shall not tamper with prosecution evidence, shall appear before the trial Court regularly, and shall not leave the jurisdiction without prior permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Long Pendency - Petitioner sought bail in a forest offence case registered in 2005-06, with trial pending for over 14 years - Court held that prolonged incarceration without trial violates Article 21 and bail should be granted considering the long delay and no criminal antecedents (Paras 1-5).
Issue of Consideration
Whether the petitioner should be enlarged on bail in a forest offence case where the trial has been pending for over 14 years and the petitioner has no criminal antecedents.
Final Decision
The petition is allowed. The petitioner is ordered to be released on bail in F.O.C.No.10/2005-06 (C.C.No.17/2020) pending on the file of the Civil Judge and JMFC, Sringeri, Chikkamagaluru District, subject to executing a personal bond of Rs. 1,00,000 with two sureties for the likesum to the satisfaction of the trial Court. The petitioner shall not tamper with prosecution evidence, shall appear before the trial Court regularly, and shall not leave the jurisdiction without prior permission.
Law Points
- Bail
- Section 439 CrPC
- Karnataka Forest Act
- Sections 62
- 86
- 87
- Rule 154 Karnataka Forest Rules
- Long Pendency
- No Criminal Antecedents
