- 1 - NC: 2025:KHC:4101 CRL.P No. 687 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 687 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MAHABOOB BASHA AGED ABOUT 46 YEARS, S/O ABDUL GAFAR SAB, R/AT SIHI NEERU BHAVI ROAD, LASHKAR MOHALLA, CHANNAGIRI, DAVANAGERE DISTRICT-577101 …PETITIONER (BY SRI. SHRUTHI S P.,ADVOCATE) AND: STATE BY RANGE FOREST OFFICER, CHANNAGIRI RAGE, DAVANAGERE DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BENGALURU-560001 …RESPONDENT (BY SRI.RANGASWAMY R, HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL FOR THE ALLEGED OFFENCES P/U/S 50, 62, 80, 84, 86, 87 OF KARNATAKA FOREST ACT, 1963, U/S 144, 165 OF KARNATAKA FOREST RULES, 1969, IN CR.NO.9/2024-25 FILED BY THE RESPONDENT RANGE FOREST OFFICER CHANNIGIRI RANGE, CHANNAGIRI ON THE FILE OF THE LEARNED PRL. DISTRICT AND SESSIONS JUDGE, DAVANAGERE. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4101 CRL.P No. 687 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has preferred this petition under Section 483 of BNSS, seeking to enlarge him on bail in FOC No.9/2024- 2025 registered on 19.11.2024 by the Range Forest Officer, Channagiri Range, Channagiri. 2. Heard the learned counsel for the petitioner and learned HCGP for the State and perused the material on record. 3. It is the case of the prosecution that on 19.11.2024, when the Range Forest Officer, Channagiri Range, Channagiri along with his staff was on patrolling duty at Honnebagi Rajagondanahalli, estate, S.H.65 road, he noticed accused No.1 transporting 08 sandalwood pieces and barks weighing 10 to 11 kgs in a motorbike bearing registration No.KA-17/HN-2456 without having valid licence/permit. On enquiry, the said accused revealed that he used to purchase sandalwood pieces from accused Nos.2 and 3. - 3 - NC: 2025:KHC:4101 CRL.P No. 687 of 2025 4. FIR is registered against accused Nos.1 to 3 under Sections 50, 62, 80, 84, 86 and 87 of Karnataka Forest Act, 1963 and Rules 144 and 165 of Karnataka Forest Rules, 1969. 5. Petitioner was arrested on 26.11.2024 and since then, he is in judicial custody. There is no recovery of any sandalwood from him. It appears that based on the voluntary statement of accused No.1, he has been named as an accused in the FIR. 6. Learned HCGP has contended that petitioner is an accused in C.C.No.545/2015 and therefore, he is a habitual offender and if he is enlarged on bail, he will commit similar offence. 7. At this stage, there is no material except the voluntary statement of accused No.1 to show the complicity of petitioner in either selling or purchasing sandalwood. Admittedly there is no recovery of any incriminating materials from his possession. Considering the facts and circumstances, petitioner can be directed to be released on bail by imposing stringent conditions. Accordingly, the following: - 4 - NC: 2025:KHC:4101 CRL.P No. 687 of 2025 ORDER Petition is allowed. Petitioner/accused No.2 in FOC No.09/2024-2025 registered by Forest Department, Channagiri Forest Range, Channagiri shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on every date of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HJ List No.: 1 Sl No.: 40