- 1 - HC-KAR NC: 2025:KHC:18787 CRL.P No. 6492 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6492 OF 2025 BETWEEN: FAZWIN ALI S/O MOHAMMAD ALI AGED ABOUT 35 YEARS #6-134 (G), R/AT 223, 6TH BLOCK KATIPALLA VILLAGE, CHOKKABETTU SURATKAL, MANGALURU D.K.DISTRICT-575 011 …PETITIONER (BY SRI. LETHIF B, ADVOCATE) AND: THE STATE OF KARNATAKA BY RANGE FOREST OFFICER SHANKARANARAYANA RANGE UDUPI DISTRICT REP BY SPP, HIGH COURT BUILDING BANGALORE-560 001 …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST IN WLOR NO.64/2020-21 REGISTERED BY RANGE FOREST OFFICER SHANKARANARAYANA RANGE, UDUDI DISTRICT FOR THE OFFENCE P/U/S 2(1),2(16),9,39,44,51,55 OF WILD LIFE PROTECTION ACT AND SEC.24(j) OF KARNATAKA FOREST ACT PENDING ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C KUNDAPURA. Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18787 CRL.P No. 6492 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 Petitioner who is apprehending arrest in WLOR No.64/2020-21 registered by the Range Forest Officer, Shankaranayana Range, Udupi District for the offences punishable under Sections 2(1),2(16),9,39,44,51,55 of Wild Life Protection Act, 1972 and Section 24(J) of Karnataka Forest Act is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned counsel for the respondent. 3. FIR in WLOR No.64/2020-21 was registered by the Range Forest Officer, Shankaranayana Range, Udupi District for the aforesaid offences against unknown persons. It appears that subsequently two persons were arrested in the said case. Petitioner apprehended that he is likely to be arrested in the case and therefore he had filed a - 3 - HC-KAR NC: 2025:KHC:18787 CRL.P No. 6492 of 2025 Crl.Misc.No.574/2025 before the Sessions Court seeking anticipatory bail which was rejected on 12.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner is a chemical engineer in a reputed private company at Mangalore. He was arrested in another case in WLOR No.02/2024-25 by the Range Forest Officer, Karkala Range and in the said case for the first time it was stated that petitioner is involved in the present case and therefore he is apprehending arrest in the present case. He submits that in WLOR No.02/2024-25 the petitioner has been already granted regular bail by the jurisdictional Court. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that petitioner has criminal antecedents and considering the said aspect of the matter custodial interrogation is necessary. Accordingly, prays to dismiss the petition. 6. Perusal of the record would go to show that Crime No.2/2024-25 was registered by the Range Forest Officer, - 4 - HC-KAR NC: 2025:KHC:18787 CRL.P No. 6492 of 2025 Karkala for the offences punishable under Sections 2(14), 2(16), 2(21), 2(33), 9, 27, 31, 32, 39(d), 51(1) of Wild Life Protection Act, 1972 and in the said case petitioner was arrested on 09.01.2025. Petitioner had therefore filed Crl.Misc.No.36/2025 before the jurisdictional court seeking regular bail. In the said proceedings, statement of objections was filed stating that petitioner is also involved in WLOR No.64/20-21 registered by the Shankaranarayana Range Forest Officer. 7. Reading of the first information in WLOR No.64/2020-21 would go to show that carcass of a Indian Guar was found within the jurisdiction of Shankaranarayana Range Forest and therefore FIR was registered against unknown persons for the alleged offences. In the said case subsequently two persons were arrested and the confession statement of the arrested accused was recorded on 27.11.2021. One of the arrested accused namely, Sathish Shetty has stated that petitioner and other two persons were also present along with him at the time of committing Crime in WLOR No.64/2020-21. This aspect of the matter was well - 5 - HC-KAR NC: 2025:KHC:18787 CRL.P No. 6492 of 2025 within the knowledge of Range Forest Officer when the petitioner was in custody in WLOR No.2/2024-25 registered by the Karkala Range Forest Officer. Inspite of the same, petitioner's custody was not sought in the present case. 8. Material on record would go to show that petitioner is a qualified chemical engineer who is working in a private company at Mangalore. He is arrayed as an accused in the present case only on the basis of statement made by co- accused who are released on bail long back. The alleged offences are not punishable with death or life imprisonment. 9. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail needs to be answered affirmatively. 10. Accordingly, the following; O R D E R The Criminal Petition is allowed. The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in WLOR No.64/2020-21 registered by Range Forest Officer, - 6 - HC-KAR NC: 2025:KHC:18787 CRL.P No. 6492 of 2025 Shankaranarayana Range, Udupi District, for the offences punishable under Sections 2(1), 2(16), 9, 39, 44, 51, 55 of Wild Life Protection Act, 1972 and Section 24(J) of Karnataka Forest Act, subject to the following conditions: a. The Petitioner shall appear before the Trial Court 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/- (one lakh only) with two sureties for the likesum to the satisfaction of the Trial Court. b. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. Petitioner shall not tamper with the prosecution witnesses. d. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE RU, List No.: 1 Sl No.: 61