- 1 - HC-KAR NC: 2025:KHC:23443 CRL.P No. 8389 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8389 OF 2025 BETWEEN: 1. RACHAPPAJI @ KULLAMADA S/O RACHASHETTY AGED ABOUT 24 YEARS R/AT UPPAR STREET, KRISHNAPURA VILLAGE, KASABA HOBLI, YELANDURU TALUK, CHAMARAJANAGAR DISTRICT - 571 441. 2. SHIARARAJU N S/O NEELISIDDASHETTY AGED ABOUT 37 YEARS R/AT HOSA STREET, KRISHNAPURA VILLAGE, KASABA HOBLI, YELANDURU TALUK, CHAMARAJANAGAR DISTRICT - 571 441. …PETITIONERS (BY SRI RAJASHEKAR M.B, ADV.) AND: STATE BY WILD LIFE RANGE YELANDUR BTR TIGER RESERVE CHAMARAJANAGAR - 571 441 REPRESENTED BY SPP OFFICE OF THE PUBLIC PROSECUTOR BENGALURU. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE RESPONDENT TO RELEASE THE PETITIONERS FORTH WITH ON BAIL IN THE EVENT OF THEIR ARREST IN WILD LIFE OFFENCE REPORT (WLOR) NO.5/2024- Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23443 CRL.P No. 8389 of 2025 25, FOR THE OFFENCES P/U/S 2(1,2,16,20,33,35),9,27,31,32,39,50 R/W 51 OF WILD LIFE (PROTECTION) ACT, 1972, PENDING BEFORE THE COURT OF JUDICIAL MAGISTRATE CIVIL AND JMFC COURT, YELANDURU. 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.2 & 3 in WLOR No.5/2024-25 registered by Range Forest Officer, Yelanduru, Chamarajanagara District, for the offences punishable under Sections 2(1, 2, 16, 20, 33, 35), 9, 27, 31, 32, 39, 50 read with 51 of Wildlife Protection Act, 1972, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. WLOR No.5/2024-25 was registered by Range Forest Officer, Yelanduru, Chamarajanagara District, against one Madashetty and the petitioners herein, for the aforesaid offences. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.78/2025 before the jurisdictional Sessions Court, which was rejected on 24.03.2025. Therefore, they are before this Court. - 3 - HC-KAR NC: 2025:KHC:23443 CRL.P No. 8389 of 2025 4. Learned Counsel for the petitioners having reiterated the grounds urged in the petition, submits that accused no.1 has already been arrested in the present case and all the incriminating articles have been recovered from his possession. Petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioners. 6. It is the case of the prosecution that on 24.02.2025 when the forest officials were on duty, they found some persons moving suspiciously and when the officials approached the said persons, they were able to apprehend one person and the others who were present along with him, managed to escape. The said person when inquired, had informed his name as Madashetty and from his possession, one country gun and carcass of hare-lepus nigricollis was recovered. From the bag which he was carrying, live bullets and gun powder was also recovered. - 4 - HC-KAR NC: 2025:KHC:23443 CRL.P No. 8389 of 2025 7. Undisputedly, petitioners do not have any criminal antecedents. Accused no.1 who was arrested in the present case has been already enlarged on bail. Since all the material incriminating articles have been recovered from the possession of accused no.1 who was arrested in the preset case, I am of the opinion that custodial interrogation of the petitioners may not be required in the present case. Petitioners have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 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 WLOR No.5/2024- 25 registered by Range Forest Officer, Yelanduru, Chamarajanagara District, for the offences punishable under Sections 2(1, 2, 16, 20, 33, 35), 9, 27, 31, 32, 39, 50 read with 51 of Wildlife Protection Act, 1972, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:23443 CRL.P No. 8389 of 2025 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. 4. The petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE KK