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2025 DAILYLAW 10968 (KAR)

SIDDANAGOUDA TURUVIHAL @ SIDDALIGAPPA v. THE SATATE OF KARNATAKA

CRL.P/200842/2025 · 2025-05-15

Rajesh Rai K

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2730 CRL.P No. 200842 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200842 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SIDDANAGOUDA TURUVIHAL @ SIDDALINGAPPA S/O LATE SOMALINGAPPA, AGE: 43 YEARS, OCC: AGRICULTURE, 2. SATISHGOUDA @ SATISH R. S/O BASANAGOUDA TURUVIHAL @ R. BASANAGOUDA, AGE: 28 YEARS, OCC: AGRICULTURE, BOTH ARE R/O SATYANARAYANA CAMP, TURVIHAL, TALUK SINDHANUR, DIST. RAUCHUR-584 128. …PETITIONERS (BY SRI. MAHANTESH PATIL, ADVOCATE) AND: THE SATATE OF KARNATAKA, R/BY ADDL. SPP, KALABURAGI BENCH-585 107. (THROUGH RANGE FOREST OFFICER, MANVI, DIST. RAICHUR-584 124. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2730 CRL.P No. 200842 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (OLD) U/SEC 482 OF BNSS, PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONERS/ACCUSED NO. 1 AND 2 AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS/ACCUSED NO. 1 AND 2 ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO. WLOR. 1/2025 OF RANGE FOREST OFFICE, SINDHANUR, (P.C. NO.156/2025) FOR THE OFFENCE PUNISHABLE U/SEC 9, 48A R/W SEC. 2(16), 51 OF WILD LIFE PROTECTION ACT PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC AT SINDHANUR, DIST. RAICHUR. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This petition under Section 482 of BNSS, 2023 seeking grant of anticipatory bail in Crime No.WLOR.1/2025 dated 31.03.2015 registered by the Range Forest Officer, Manvi, for the offence punishable under Sections 9, 39, 48A r/w 51 of Wild Life (Protection) Act, 1972 (for short ‘Act’). 2. The abridged facts of the case are that, the Range Forest Officer, Manvi, has filed a complaint before the learned Magistrate under Section 223 of BNSS r/w - 3 - NC: 2025:KHC-K:2730 CRL.P No. 200842 of 2025 55(b) of Act, against the petitioners and another alleging that on 31.03.2015, the petitioners hunted hares and taken the dead hares in public procession in a Fair of Maruteshwara Temple of Turvihal. Since the petitioners have no license to hunt the hares and they contravened the provisions of the Act. Hence, he filed the complaint. On the strength of the said complaint, the PCR came to be registered and the learned Magistrate issued notice to accused in terms of Section 223(2) of BNSS. Presently, the Forest Officers are making hectic efforts to arrest the petitioners in this case. Hence, they are under the apprehension of arrest by the Forest Officers, they filed the bail application seeking for grant of anticipatory bail before the III Addl. District and Sessions Judge, Raichur (sitting at Sindhanur) in Criminal Misc.No.5161/2024 and the same has been dismissed. Hence, these present petition is filed. - 4 - NC: 2025:KHC-K:2730 CRL.P No. 200842 of 2025 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State. 4. The co-ordinate bench of this Court in Criminal Petition No.5952/2023 dated 06.10.2023 held that without preparing Wild Life report the complaint under Section 200 of Cr.P.C., is not maintainable. There is no provision contemplates for further investigation or submission of supplementary complaint. In that view of the matter, without expressing any opinion on the merits of the case, the petitioners can also be enlarged on anticipatory bail. Hence, the following; O R D E R The petition filed under Section 482 of BNSS-2023 is allowed. Consequently, the petitioners are directed to be released on anticipatory bail in the event of their arrest by respondent -Police in connection with Crime - 5 - NC: 2025:KHC-K:2730 CRL.P No. 200842 of 2025 No.WLOR.1/2025 dated 31.03.2015 registered by the Range Forest Officer, Manvi, for the offence punishable under Sections 9, 39, 48A r/w 51 of Wild Life (Protection) Act, 1972, subject to the following conditions: i) The petitioners shall execute personal bond for a sum of Rs.25,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer; ii) They shall surrender themselves before the Investigating Officer within 15 days from the date of receipt of a copy of this order and shall co-operate with the Investigating Officer and appear before him as and when required; iii) They shall appear before the jurisdictional Magistrate and seek for regular bail within one month from the date of receipt of a copy of this order; - 6 - NC: 2025:KHC-K:2730 CRL.P No. 200842 of 2025 iv) They shall not threaten the prosecution witnesses. Sd/- (RAJESH RAI K) JUDGE MSR List No.: 1 Sl No.: 21 CT: AK