The High Court
Case Details
- 1 - NC: 2025:KHC:10078 CRL.RP No. 998 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL REVISION PETITION NO. 998 OF 2022 BETWEEN: SRI. YOGENDRAPPA AGED ABOUT 62 YEARS, S/O VEERAPPA GOWDA, R/O HOOVINAKONDE, MAJWANA VILLAGE, MARUTHIPURA POST, HOSANAGARA TALUK-577 418. (BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SRI. VENKATESH SOMAREDDI, ADVOCATE) …PETITIONER Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA AND: 1. THE STATE-THROUGH
Legal Reasoning
THE STATE RANGE FOREST OFFICER, HOSANAGARA RANGE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. DEPUTY CONSERVATOR OF FOREST SAGAR FOREST DIVISION,SAGAR, SHIVAMOGGA DISTRICT-577 401.
Legal Reasoning
(BY SRI. RAJATH SUBRAMANYAM, HCGP) …RESPONDENTS - 2 - NC: 2025:KHC:10078 CRL.RP No. 998 of 2022 THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.04.2022 PASSED BY THE V ADDL.DISTRICT AND SESSIONS JUDGE SHIVAMOGA, SITTING AT SAGAR IN CRL.A.NO.10032/2022 CONFIRMING THE NOTICE/ORDER ISSUED BY THE 2ND RESPONDENT IN BEARING NO.B3.AM/VAHANA/VI.VA.24/2015- 16 DATED 04.06.2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAJESH RAI K ORAL ORDER This Revision Petition is directed against the order dated 22.04.2022 in Crl.A.No.10032/2022 by the V Addl. District and Sessions Judge, Shivamogga, sitting at Sagar (hereinafter referred to as the ‘learned Sessions Judge’), whereby the learned Sessions Judge dismissed the appeal filed by the revision petitioner under Section 71 (D) of Karnataka Forest Act, 1963 (hereinafter referred to as ‘the Act’). 2. The abridged facts of the case are as under: The revision petitioner is the owner and was in absolute possession of tractor bearing engine No.391354SUGO6605. On 22.05.2015, the Range Forest - 3 - NC: 2025:KHC:10078 CRL.RP No. 998 of 2022 Officer, Hosanagara seized the said vehicle in FOC No.62/2015-16 for the offence punishable under Sections 24 E, 62, 71 (A – G), 104A of the Act r/w Rules 144 and 165 of Karnataka Forest Rules, 1969, alleging that the driver of the said vehicle was transporting rosewood logs without permit/license. Accordingly, he seized the vehicle along with rosewood logs. The revision petitioner being the owner of the vehicle filed an application before the Deputy Conservator of Forest, Sagar Division, Sagar, for release of the vehicle. The said application was dismissed by the said Authority. Against this backdrop, a Revision Petition was sought by the revision petitioner in Crl.Rev.Pet.No.10047/2019 before the V Addl. District and Sessions Judge, Shivamogga, sitting at Sagar and the said Revision Petition was allowed vide order dated 19.09.2019, albeit, the learned Sessions Judge directed the Authority to release the vehicle in favour of the revision petitioner, however, it was released on interim custody. Subsequently, on 18.02.2022, it was directed that the revision petitioner produced the vehicle before the - 4 - NC: 2025:KHC:10078 CRL.RP No. 998 of 2022 Authority and for its release, he was once again asked to provide bank security/deposit. Aggrieved by the said order, the revision petitioner once again approached the learned Sessions Judge by filing Crl.A.No.10032/2022 and the learned Sessions Judge on examining the documents adduced before it dismissed the said appeal. Challenge to the same is lis before this Court. 3. I have heard the learned Senior Counsel for the revision petitioner and the learned High Court Government Pleader for the respondents. 4. On careful perusal of records, it could be gathered that, the vehicle in question, i.e., the tractor was released in favour of the revision petitioner in the year 2019 by virtue of the order dated 19.09.2019 in Crl.Rev.Pet.No.10047/2019. Thereafter, in the year 2022 i.e. after a lapse of 3 years, respondent No.2 issued notice to the revision petitioner directing him to produce the vehicle and to furnish bank security/deposit. Albeit, he once again approached the Sessions Court by filing a - 5 - NC: 2025:KHC:10078 CRL.RP No. 998 of 2022 Criminal Appeal, however, the learned Sessions Judge dismissed the appeal. There are no specific averments forthcoming to establish that on release of the vehicle, the revision petitioner either misused the terms and conditions or used the vehicle for illegal purposes including the repetition of the forest offence. In such circumstances, the notice issued by respondent No.2 on lapse of 3 years, without reasonable cause seeking to furnish bank security is redundant. 5. Further, it is contended by the learned Senior counsel that, the revision petitioner is a poor agriculturist and owing to his financial constraints is unable to provide bank security/deposit and without the said vehicle i.e. tractor, he is inundated with more challenges in carrying out his everyday agricultural activities. Albeit, the imposition of the condition of bank security/deposit is a minimum requirement to release the vehicle as per the provisions under Section 63 of the Act. However, in the instant case the vehicle was already released in favour of - 6 - NC: 2025:KHC:10078 CRL.RP No. 998 of 2022 the revision petitioner in the year 2019. The revision petitioner continued using the same for a period of 3 years and without any further complaint, as such, the imposition of bank security condition by respondent No.2 stands redundant. Against this backdrop, I am of the view that the order/notice issued by respondent No.2 dated 04.06.2022 in vide order B3:AM/Vahana/Vi.Va.24/2015-16 is liable to be set aside. Consequently, the order passed in Crl.A.No.10032/2022 dated 22.04.2022 is also liable to be set aside. Accordingly, I proceed to pass the following:
Decision
ORDER i. The Criminal Revision Petition is allowed. ii. Notice dated 04.06.2022 by respondent No.2 in B3:AM:Vahana:Vi.Va:24/2015-16 is hereby set aside. Consequently, the order passed in Crl.A.No.10032/2022 dated 22.04.2022 by the V Additional District and Sessions Judge, Shivamogga, sitting at Sagara, is set aside. - 7 - NC: 2025:KHC:10078 CRL.RP No. 998 of 2022 iii. Since the vehicle already released by this Court vide order dated 05.09.2022, the same is made absolute pending disposal of FOC No.62/2015-16. SD/- (RAJESH RAI K) JUDGE KTY List No.: 1 Sl No.: 12