- 1 - HC-KAR NC: 2025:KHC:25563 CRL.P No. 9057 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9057 OF 2025 BETWEEN: KUMARA S/O LATE KALEGOWDA AGED ABOUT 59 YEARS R/AT ANANDANAGARA VILLAGE PERIYAPTNA TALUK MYSURU DISTRICT - 01. …PETITIONER (BY SRI SAMPATH KUMAR, ADV., FOR SRI PRATHEEP K.C, ADV.) AND: THE STATE OF KARNATAKA REP. BY BYLUKKUPPE POLICE MYSURU DISTRICT, REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.113/2025, PENDING ON THE FILE OF HONBLE SENIOR CIVIL JUDGE AND JMFC AT PERIYAPATNA, FOR THE O/P/US/ 86 AND 87 OF KARNATAKA FOREST ACT AND 303(1) OF BNS BY BYLAKUPPE POLICE. 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 NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25563 CRL.P No. 9057 of 2025 ORAL ORDER 1. Accused No.2 in Crime No.113/2025 registered by Bylakuppe Police Station, Mysuru District, for the offences punishable under Section 303(1) of BNS, 2023 and Sections 86 and 87 of the Karnataka Forest Act, 1963, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.113/2025 was registered by Bylakuppe Police Station, Mysuru District, for the aforesaid offences against Bharatha and two others based on the first information dated 29.05.2025 received from Mudduraja R M, police constable attached to Bylakuppe Police Station, Mysuru District. In the said case, petitioner was arrested on 29.05.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5135/2025 was rejected on 16.06.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that first informant had received a credible information that accused - 3 - HC-KAR NC: 2025:KHC:25563 CRL.P No. 9057 of 2025 nos.1 to 3 were in possession of sandalwood billets and were making attempts to sell the same to public and on receipt of such an information, FIR was registered against accused Nos.1 to 3 and thereafter, in the raid that was held to the alleged spot where accused Nos.1 to 3 were making attempts to sell sandalwood billets, accused Nos.1 and 2 were apprehended and accused No.3 allegedly had managed to escape from the spot. Perusal of the averments found in the remand application of accused Nos.1 and 2 would go to show that accused No.3 was the person who had committed the theft of the sandalwood billets and was attempting for its sale and accused Nos.1 and 2 were along with him at the alleged spot assisting him for selling the sandalwood billets. Undisputedly, petitioner has no other criminal antecedents. There is no allegation against him that he had committed the theft of sandalwood billets which were seized in the present case. The alleged offences are not punishable with death or life imprisonment. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- - 4 - HC-KAR NC: 2025:KHC:25563 CRL.P No. 9057 of 2025 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.113/2025 registered by Bylakuppe Police Station, Mysuru District, for the offences punishable under Section 303(1) of BNS, 2023 and Sections 86 and 87 of the Karnataka Forest Act, 1963, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said - 5 - HC-KAR NC: 2025:KHC:25563 CRL.P No. 9057 of 2025 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN