Judgment :- (This criminal petition is filed under Section 439 of the Cr.P.C. with a prayer to enlarge the petitioners on bail in FOC No.48/12-13 and FIR No.774/12 of Sub RFO, Kodlipet sub range, Shanivarasanthe range, Kodagu, Madikeri, for the offences punishable under Section 104-A of the Karnataka Forest Act and Rules 144 and 145 and 165 of the Karnataka Forest Rules.) 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. The petition is opposed by respondent-State. 4. I have heard both the sides and perused the records made available. 5. 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. The petition is opposed by respondent-State. 4. I have heard both the sides and perused the records made available. 5. No doubt, the contents of the mahazar drawn and the statements of forest officials would prima facie indicate that 18 Rose wood logs were being transported in the mini lorry and the same was seized after intercepting the said mini lorry. However, as noticed, even according to the case of the prosecution these petitioners were apprehended on the premise that they were escorting the mini lorry by proceeding on two wheelers. 6. It is the contention of the petitioners that they are residents of nearby village and to reach the village they are required to use the same road and while they were proceeding on their two wheelers towards their village they were caught and falsely implicated in the case. The materials available on record at this stage, prima facie does not indicate any connection between any of the petitioners with the mini lorry, in which the rose wood logs were found being transported. 7. Having regard to the facts and circumstances of the case and in the light of the evidence on record at this stage, I am of the considered opinion that there are no reasonable grounds to believe that these petitioners are guilty of any of the offences alleged. Therefore, the petitioners are entitled to be enlarged on bail. Hence, the petition is allowed. Petitioners are ordered to be released on bail in Forest Offence Case No.48/12-13 of RFO Kudlipet Sub Range, Shanivarasanthe Range, Kodagu District on each of them executing personal bonds for Rs.50,000/-with two sureties for the like sum to the satisfaction of the Jurisdictional Magistrate / Sessions Judge and subject to further conditions that, (i) Upon such arrest and release, the petitioner for the purpose of investigation shall appear before the Investigating Officer whenever called upon to do so and co-operate in the investigation of the case. (ii) Petitioners shall not tamper or terrorise with the prosecution witnesses in any manner. (iii) They shall not indulge in any acts similar to the one alleged in the case. (ii) Petitioners shall not tamper or terrorise with the prosecution witnesses in any manner. (iii) They shall not indulge in any acts similar to the one alleged in the case. (iv) They shall not go out of Kodagu District without express permission of the jurisdictional Court.