- 1 - NC: 2025:KHC:9229 CRL.P No. 2525 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2525 OF 2025 BETWEEN: 1. DUGANI NAGARAJA S/O RAMAPPA AGED ABOUT 45 YEARS. 2. SRINIVASA N S/O DUGANI NAGARAJA AGED ABOUT 25 YEARS. 3. K.R. LAKSHMIPATHI (K.R. KAKSHMIPATHI) S/O RANGAPPA AGED ABOUT 39 YEARS. 4. MAILARAPPA (MYLARAPPA) S/O GORAPPARA SHIVAPPA AGED ABOUT 30 YEARS. ALL ARE AGRICULTURIST R/O DEVARAHALLI VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. 5. MALLIKANAIK S/O CHANDRANAIK AGED ABOUT 49 YEARS OCC. AGRICULTURIST R/O ANANTHAPURA VILLAGE HOLALKERE TALUK Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9229 CRL.P No. 2525 of 2025 CHITRADURAGA DISTRICT - 577 526. (ACCUSED NOW IN JUDICIAL CUSTODY) …PETITIONERS (BY SRI S.G. RAJENDRA REDDY, ADV.) AND: THE STATE OF KARNATAKA RANGE FOREST OFFICER, HOSADURGA RANGE HOSADURGA CHITRADURGA DISTRICT - 577 527 REPTD. BY S.P.P., HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN C.C.NO.72/2025 ARISING OUT OF WLOR NO.07/2024-25 FILED BY RFO, HOSADURGA, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, HOSADURGA FOR THE OFFENCE P/U/S 9, 32, 48-A, 51 OF WILD LIFE PROTECTION ACT, PENDING THE TRIAL. 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 Nos.1 to 5 in CC No.72/2025 pending before the Court of Principal Civil Judge and JMFC, Hosadurga, arising out of WLOR No.7/2024-25 registered for the offences punishable under Sections 9, 32, 48A and 51 of the Wild Life Protection - 3 - NC: 2025:KHC:9229 CRL.P No. 2525 of 2025 Act, 1972, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners submits that maximum punishment for the alleged offences is imprisonment for a period of three years. Petitioners do not have any criminal antecedents and they are in custody from 26.01.2025. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. 5. A perusal of the material on record would go to show that on 26.01.2025, accused persons were found in land bearing Sy.No.26 of Devaragudda forest area within the limits of Hosadurga Range and on verification, it was found that they possessed 75 country bombs in white color carry bag and 51 country bombs in yellow colour plastic cover and these plastic bags were found in vehicle bearing registration No.KA17/AA 3143 in which accused persons had arrived into the forest area. It is in these circumstances, after apprehending accused persons and seizing the aforesaid articles under a panchanama, - 4 - NC: 2025:KHC:9229 CRL.P No. 2525 of 2025 a private complaint as provided under Section 55 of the Wild Life Protection Act, 1972, was filed against accused persons for the alleged offences. Undisputedly, accused persons had not indulged in any hunting activities nor they had caused any harm to the animals in the forest area. Considering the allegations made as against them for the offence punishable under Section 51 of the Wild Life Protection Act, 1972, the maximum punishment that may be imposed against them is imprisonment for a period of three years. It is not in dispute that petitioners do not have any criminal antecedents and they are in custody from 26.01.2025. Under the circumstances, I am of the opinion that the prayer made for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioners are directed to be enlarged on bail in CC No.72/2025 pending before the Court of Principal Civil Judge and JMFC, Hosadurga, arising out of WLOR No.7/2024-25 registered for the offences punishable under Sections 9, 32, 48A and 51 of the Wild Life Protection Act, 1972, subject to the following conditions: - 5 - NC: 2025:KHC:9229 CRL.P No. 2525 of 2025 a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN