- 1 - NC: 2025:KHC:9879 CRL.P No. 2107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2107 OF 2025 BETWEEN: YOGESH D.B S/O BEERESWARIAH D.M AGED ABOUT 37 YEARS R/AT BADARIKOPPALU PALAGRAHARA POST NAGAMANGALA TALUK MANDYA DISTRICT - 571 432 (PETITIONER ADDRESS MENTIONED AS HIS AADHAR CARD, HEREWITH PRODUCE THE AADHAR CARD) …PETITIONER (BY SRI HONNESHA B.R, ADV.) AND: RANGE FOREST OFFICER MYSORE REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO PETITIONER, WHO IS ACCUSED NO.1, IN THE EVENT OF ARREST IN WLOR NO.05/2024-25 REGISTERED BY THE RESPONDENT RANGE FOREST OFFICER MYSORE ON THE FILE OF THE HONBLE CIVIL JUDGE AND JMFC COURT AT NAGAMANGALAL FOR THE OFFENCES P/U/S 39, 40, 44, 48(A), 49(B), 51 SCHEDULE I PART-A, WHALES R/W SEC. 2(11), Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9879 CRL.P No. 2107 of 2025 2(14), 2(32), 2(36), 50, 55 OF WILD LIFE (PROTECTION ACT) 1972 (AMENDMENT ACT) 2022 IN RESPECT OF THE PETITIONER. 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 WLOR No.5/2024-25 pending before the Court of Civil Judge and JMFC, Nagamangala, registered for the offences punishable under Sections 39, 40, 44, 48(A), 49(B), 51, Schedule-I, Part-A WHALES read with Section 2(11), 2(14), 2(32), 2(36), 50 and 55 of the Wild Life (Protection) Act, 1972 (Amendment Act 2022) (hereinafter referred to as 'the Act' for short), is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. A complaint as provided under Section 55 of the Act, was filed by Surendra K, RFO, Mysuru against petitioner and another for the aforesaid offences alleging that based on credible information received on 16.12.2024, a raid was conducted to the house of accused No.2 and from his house, 3.10 Kgs of Whale Ambergris was recovered and during the - 3 - NC: 2025:KHC:9879 CRL.P No. 2107 of 2025 course of interrogation, accused No.2 allegedly had informed the complainant that petitioner had supplied the seized Whale Ambergris to him. It is in this background, petitioner is arraigned as accused No.1 in the private complaint filed before the learned Magistrate for the aforesaid offences. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.861/2024 before the jurisdictional Sessions Court which was rejected on 04.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that it is only based on the confession statement of accused No.2, petitioner is arraigned as an accused in the present case. Petitioner has no other criminal antecedents and he is ready and willing to cooperate with the police for the purpose of investigation. He submits that accused No.2 has been granted regular bail before the Trial Court. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. The material on record would go to show that based on credible information received, raid was conducted to the house of accused No.2 and from his possession, contraband article Whale Ambergris totally weighing 3.10 kgs was seized and it is - 4 - NC: 2025:KHC:9879 CRL.P No. 2107 of 2025 alleged that during interrogation, accused No.2 had confessed that the seized contraband article was supplied to him by the petitioner. It is under these circumstances, petitioner is arraigned as accused in the present case. It is not in dispute that the petitioner has no criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of seven years and the offences are triable by the Court of Magistrate. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in WLOR No.5/2024-25 pending before the Court of Civil Judge and JMFC, Nagamangala, registered for the offences punishable under Sections 39, 40, 44, 48(A), 49(B), 51, Schedule-I, Part-A WHALES read with Section 2(11), 2(14), 2(32), 2(36), 50 and 55 of the Act, subject to the following conditions: - 5 - NC: 2025:KHC:9879 CRL.P No. 2107 of 2025 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE DN