- 1 - NC: 2025:KHC:10388 CRL.P No. 1990 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1990 OF 2025 BETWEEN: SALMAN KHAN SO HAJARATH ALI, AGED ABOUT 25 YEARS, OCC LABOURER, R/O NEAR MASJID, KEREBILACHI CAMP, CHANNAGIRI TALUK-577213. (SINCE 22/10/2024 JUDICIAL CUSTODY) …PETITIONER (BY SRI. MARUTHI G B, ADVOCATE) AND: STATE OF KARNATAKA BY PSI SANTHEBENNUR P.S. SANTHEBENNUR 577135 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560001 …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CONNECTION WITH CRIME NO.204/2024 REGISTERED BY THE SANTHEBENNUR P.S, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 86 AND 87 OF KARNATAKA FOREST ACT, 1963 AND U/S 303(2) OF BNS, 2023 PENDING BEFORE PCJ AND CJM, DAVANAGERE AND ETC. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10388 CRL.P No. 1990 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No. 1 in crime No. 204/2024 registered by Santhebennur Police Station, Davanagere for offences punishable under Sections 86 and 87 of the Karnataka Forest Act, 1963 and Section 303(2) of BNS 2023 is before this Court under Section 483 of BNSS seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in crime No. 204/2024 was registered by the Santhebennur Police against unknown persons for the aforesaid offence based on the first information dated 22.10.2024 received from Raghavendra M, son of M. Satyanarayana. During the course of investigation petitioner herein was arrested on 22.10.2024 and subsequently remanded to judicial custody. Investigation is completed and charge sheet has been filed against 5 persons. Petitioner is arraigned as accused No. 1. His bail - 3 - NC: 2025:KHC:10388 CRL.P No. 1990 of 2025 application filed before the jurisdictional Magistrate in Crl.Misc. No. 51/2025 was rejected on 30.01.2025. Therefore, he is before this Court. 4. Learned counsel for petitioner submits that in the earlier cases registered against him, the petitioner has already been enlarged on bail. Petitioner has been falsely implicated in the present case. Investigation of the case is completed. Accused No. 2 has been granted anticipatory bail by the coordinate Bench of this Court in Crl.P. No. 14256/2024. Accordingly, prays for allowing the petition. 5. Learned HCGP has opposed the petition on the ground that petitioner is a person of criminal antecedents and if he is enlarged on bail he is likely to commit similar offences. 6. A perusal of the material on record shows that FIR in the present case was registered against unknown persons based on the first information received from Raghavendra M. In the first information it is averred that - 4 - NC: 2025:KHC:10388 CRL.P No. 1990 of 2025 sandalwood trees aged about 10 – 12 years which were grown in the property bearing survey No. 21/P of Kashipura village, were cut and removed on the intervening night of 16.10.2024 and 17.10.2024 by some unknown persons. It is in this background the first informant had approached the Police. During the course of investigation, the petitioner herein was arrested on 22.10.2024. On the basis of his confession statement accused Nos. 2 to 5 were also arraigned as accused persons and during the course of investigation accused Nos. 3 to 5 have been arrested. Accused No. 2 has been granted anticipatory bail by the coordinate Bench of this Court in Crl.P. No. 14256/2024 disposed of on 20.02.2025. Learned counsel for petitioner has brought to the notice of this Court that in all the earlier cases registered against him, petitioner has been enlarged on bail and the last case registered against him was in the year 2023. The alleged offences are not punishable with either death or imprisonment for life. Investigation of the case is completed and therefore I am of the opinion that prayer - 5 - NC: 2025:KHC:10388 CRL.P No. 1990 of 2025 made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. 204/2024 of Santhebennur Police Station Police Station registered for the offences punishable under Sections 86 and 87 of the Karnataka Forest Act, 1963 and Section 303(2) of BNS 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 6 - NC: 2025:KHC:10388 CRL.P No. 1990 of 2025 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE LRS List No.: 1 Sl No.: 19