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2025 DAILYLAW 26006 (KAR)

AHAMED SHARIF v. STATE OF KARNATAKA

CRL.P/6873/2025 · 2025-06-24

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21938 CRL.P No. 6873 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6873 OF 2025 BETWEEN: AHAMED SHARIF S/O NOOR AHMED AGED 50 YEARS, R/O LASKAR MOHALLA, CHANNAGIRI TALUK - 577 213, DAVANGERE DISTRICT. …PETITIONER (BY SRI. SAMEER S.N, ADVOCATE) AND: STATE OF KARNATAKA THROUGH RFO, CHANNAGIRI, REPESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) OF CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN FOC NO.13/2024-25 DATED 24.03.2025 FOR OFFENCE P/US 24, 50, 62, 71(A), 80, 84, 86, 87 OF KFA 1963 AND UNDER RULE 144,165 OF KFR 1969 REGISTERED BY THE RESPONDENT RFO CHANNAGIRI SUBMITTED TO THE HONBLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC AT CHANNAGIRI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21938 CRL.P No. 6873 of 2025 ORAL ORDER Accused No.3 in FOC.No.13/2024-25 registered by Range Forest Officer, Channagiri Range, Davanagere Taluk, for offences punishable under Sections 24, 50, 62, 71(A), 80, 84, 86 and 87 of Karnataka Forest Act, 1963 and Rules 144 and 165 of Karnataka Forest Rules, 1969, is before this Court under Section 482 of BNSS 2023, seeking anticipatory bail. 2. FIR in FOC.No.13/2024-25 was registered for the aforesaid offences and the petitioner herein was arrayed as accused No.3 in the FIR. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.348/2025 before the jurisdictional Sessions Court, which was rejected on 22.04.2025. Therefore, he is before this Court. 3. Learned counsel for the petitioner having reiterated the grounds urged in the petition, has prayed to allow the petition. - 3 - HC-KAR NC: 2025:KHC:21938 CRL.P No. 6873 of 2025 4. Per contra, learned HCGP has opposed the petition. 5. Perusal of the material on record would go to show that, on 24.03.2024 based on the credible information, accused Nos.1 and 2 named in the FIR were apprehended and from their possession, totally 8.460 kilograms of sandalwood billets were recovered. Thereafter, FIR was registered against accused Nos.1 and 2 and the petitioner. The allegation against the petitioner is that he was supposed to receive the sandalwood billets from accused Nos.1 and 2. It is only based on the confession statement of accused Nos.1 and 2 that they were supposed to deliver the sandalwood billets that were in their possession, the petitioner has been arraigned as an accused in the present case. The recovery of the sandalwood billets has already been completed in the present case. Accused Nos. 1 and 2 are arrested in the present case. In the earlier criminal case registered against the petitioner he has been enlarged on bail. So far - 4 - HC-KAR NC: 2025:KHC:21938 CRL.P No. 6873 of 2025 as the present case is concerned, except the confession statements of accused Nos. 1 and 2, there is no other material against the petitioner, and he has undertaken to cooperate before the Trial Court for speedy disposal of the case. Considering the aforesaid aspects of the matter, 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 The Criminal 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 FOC.No.13/2024-25 registered by, Range Forest Officer, Channagiri Range, Davanagere Taluk, for the offences punishable under Sections 24, 50, 62, 71(A), 80, 84, 86 and 87 of Karnataka Forest Act, 1963 and Rules 144 and 165 of Karnataka Forest Rules, 1969, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:21938 CRL.P No. 6873 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/- (Rupees One Lakh only) 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 rv List No.: 1 Sl No.: 38 CT: BHK