- 1 - HC-KAR NC: 2025:KHC:23967 CRL.P No. 8173 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8173 OF 2025 BETWEEN: 1. RIYAZ PASHA S/O SAHEB JAN AGED ABOUT 52 YEARS 'C' LAYOUT, BANNIMANTAP R/AT NO.45/1, 2ND CROSS MYSURU - 570 015. 2. MOHAMMED ZABIULLA S/O. MOHAMMED KHASIM AGED ABOUT 48 YEARS R/AT. NO.1A, OPP TO MANDI MOSQUE CIRCLE, UDAYAGIRI MYSORE - 570 019. …PETITIONERS (BY SRI LETHIF B, ADV.) AND: THE STATE OF KARNATAKA BY KARNATAKA FOREST DEPARTMENT FOREST MOBILE SQUAD, MYSURU DISTRICT RANGE FOREST OFFICER SRI SURENDRA K ARANYA BHAVANA, ASHOKA PURAM MYSURU, REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO RELEASE THEM ON BAIL IN THE EVENT OF ARREST IN FOC NO.32/2024-25 AGAINST THE ACCUSED PERSONS FOR THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23967 CRL.P No. 8173 of 2025 OFFENCES P/U/S 2(18),2(20),80,86,87 OF THE KARNATAKA FOREST ACT, 1983 AND RULES 144,165 OF THE KARNATAKA RULES, 1969, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSION JUDGE, AT MYSORE. 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 & 3 in FOC.No.32/2024-25 registered by Range Forest Officer, Mysuru Division, for the offences punishable under Sections 2(18), 2(20), 80, 86, 87 of the Karnataka Forest Act, 1983 and Rules 144, 165 of the Karnataka Forest Rules, 1969, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that petitioners are owners of licensed handicrafts shop known as 'Mysuru Silk Factory Outlet and Handicrafts Emporium', at J.C.Nagar Extension in Mysuru, and in the raid that was conducted to the said shop on 21.03.2025, 8.035 Kgs. of sandalwood pieces and - 3 - HC-KAR NC: 2025:KHC:23967 CRL.P No. 8173 of 2025 3.93 Kgs. of red sandalwood pieces have been seized. Petitioners have no criminal antecedents. They are ready and willing to cooperate with the police for the purpose of investigation. The seized sandalwood and red sandalwood pieces are part of handicrafted articles which are kept for sale in the shop. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition submits that petitioners cannot procure and sell sandalwood or red sandalwood directly. The act of the petitioners is punishable under the provisions of the Karnataka Forest Act. Accordingly, she prays to dismiss the petition. 5. Perusal of the material on record would go to show that in the alleged raid that was conducted on 21.03.2025 to the shop premises of the petitioners herein based on credible information, 189 sandalwood pieces totally weighing 8.035 Kgs. and 101 red sandalwood pieces totally weighing 3.93 Kgs. were recovered from the shop and the seized articles were subjected to panchanama. - 4 - HC-KAR NC: 2025:KHC:23967 CRL.P No. 8173 of 2025 6. The allegation against the petitioners is that they had no license to sell the sandalwood pieces or red sandalwood pieces in the shop. It is the case of the petitioners that seized articles are part of the handicrafts which are kept for sale in the shop. 7. It is not in dispute that petitioners are running a licensed shop for sale of handicraft articles in the name of 'Mysuru Silk Factory Outlet and Handicrafts Emporium', at J.C.Nagar Extension in Mysuru, and in the petition it is mentioned that for the last 25 to 30 years, they have been running the business and they do not have criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. The maximum punishment for the alleged offences is imprisonment for a period of seven years. The sandalwood pieces and red sandalwood pieces which were allegedly possessed illegally by the petitioners have been already seized in the present case. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: - 5 - HC-KAR NC: 2025:KHC:23967 CRL.P No. 8173 of 2025 8. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in FOC.No.32/2024- 25 registered by Range Forest Officer, Mysuru Division, for the offences punishable under Sections 2(18), 2(20), 80, 86, 87 of the Karnataka Forest Act, 1983 and Rules 144, 165 of the Karnataka Forest Rules, 1969, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2025:KHC:23967 CRL.P No. 8173 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK