- 1 - NC: 2025:KHC:12705 CRL.P No. 3503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3503 OF 2025 BETWEEN: 1. MR. MOHAMMED ASHRAF @ MAVIYA ALIM AGED 24 YEARS S/O JALALUDDIN TAHIRA NESTAR R/AT MUNDALLI, BHATKAL TALUK UTTARA KANNADA DISTRICT - 581 320. 2. MR. ALI BAPU YASEEN AGED 36 YEARS S/O ALI BAPU USMAN R/AT HANABAR KERI SHIROOR VILLAGE BYNDOOR TALUK UDUPI - 576 124. 3. MR. VASEEM AKRAM AGED 36 YEARS S/O NIJAM SAHEB R/AT YASEEN MANZIL MADDODI ROAD JOGUR CROSS, SHIROOR BYNDOOR DISTRICT UDUPI DISTRICT - 576 124. …PETITIONERS (BY SRI P.P. HEGDE, SR. COUNSEL FOR SRI AKSHAY KUMAR JAIN, ADV.) AND: THE STATE OF KARNATAKA THROUGH RANGE FOREST OFFICER Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12705 CRL.P No. 3503 of 2025 SHANKARANARAYANA RANGE KUNDAPURA DIVISION, KUNDAPURA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CONNECTION WITH WLOR NO.45/2025 OF SHANKARANARAYANA RANGE FOR THE OFFENCES P/U/S 2(16), 9, 39, 50, 51, 51(B) OF THE WILD LIFE PROTECTION ACT 1972 AND U/S 24, 62 OF THE KARNATAKA FOREST ACT 1963 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, KUNDAPURA. 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 3 in WLOR No.45/2024-25 registered by Shankaranarayana Range Forest Officer, Kundapura Division, Udupi Taluk, for the offences punishable under Sections 2(16), 9, 39, 50 and 51(B) of the Wildlife Protection Act, 1972 and Sections 24 and 62 of the Karnataka Forest Act, 1963, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - NC: 2025:KHC:12705 CRL.P No. 3503 of 2025 3. It is the case of the prosecution that on 24.01.2025, accused persons armed with unlicensed gun and choppers illegally trespassed into the reserve forest area with an intention to hunt animals and were apprehended by the forest officers and subsequently, case was registered against them in WLOR No.45/2024-25. In the said case, they were arrested on 24.01.2025 and subsequently, remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.537/2025 was rejected on 12.02.2025. Therefore, they are before this Court. 4. Learned Senior counsel for the petitioners submits that undisputedly, petitioners have not hunted any wild animal in the present case and the only allegation against them is that they had illegally entered the reserve forest area armed with weapons with an intention to hunt animals. He submits that in the other two criminal cases registered against petitioners, they have been already enlarged on bail. The maximum punishment for the alleged offences is imprisonment for a period of three years. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:12705 CRL.P No. 3503 of 2025 5. Per contra, learned Addl. SPP has opposed the petition. She submits that petitioners are habitual offenders and in the event, they are enlarged on bail, they are likely to commit similar offences. Accordingly, he prays to dismiss the petition. 6. A perusal of the material on record would go to show that, on 24.01.2025, forest officials patrolling the reserve forest area had found accused persons near Vandaru reserve forest area and on verification, it was found that accused persons were carrying unlicensed gun and also choppers with them and they intended to hunt animals. The weapons which were in their possession were seized under a mahazar along with other articles and subsequently, they were arrested and remanded to judicial custody. Learned Senior counsel for the petitioners has submitted that since accused persons were in possession of unlicensed gun, a separate case has been registered against them for the offences punishable under the Arms Act and in the said case, they have been enlarged on bail. He submits that after the petitioners were arrested in the present case, they were produced under body warrant in WLOR No.20/2024-25 and even in the said case, they have been enlarged on bail. In the present case, petitioners are in custody from 24.01.2025. - 5 - NC: 2025:KHC:12705 CRL.P No. 3503 of 2025 The maximum punishment for the alleged offences is imprisonment for a period of three years. Considering the aforesaid aspects of the matter and also the nature of allegations against petitioners in the present case, I am of the opinion that the prayer made by them for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in WLOR No.45/2024-25 registered by Shankaranarayana Range Forest Officer, Kundapura Division, Udupi Taluk, for the offences punishable under Sections 2(16), 9, 39, 50 and 51(B) of the Wildlife Protection Act, 1972 and Sections 24 and 62 of the Karnataka Forest Act, 1963, subject to the following conditions: 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 - 6 - NC: 2025:KHC:12705 CRL.P No. 3503 of 2025 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