Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:25335 CRL.P No. 9132 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9132 OF 2025 BETWEEN:
SRI NANJUNDA S/O KULLAIAH AGED ABOUT 26 YEARS RESIDING AT BIJAYAPURA COLONY, HAREENAHALLOI POST HANAGODU HOBLI, HUNASURU TALUK, MYSURU DISTRICT PIN CODE - 571 105. …PETITIONER (BY SRI PUNITH C, ADV.) AND:
STATE OF KARNATAKA BY HUNASURU RURAL POLICE STATION MYSURU, PIN CODE - 571 104 REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. ASMA KAUSER, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER FOR THE OFFENCES P/U/S 303(1) OF BNS ACT AND SECTION 84, 86 AND 87 OF KARNATAKA FOREST ACT, REGISTERED IN CRIME NO.0217/2025, HUNASURU RURAL POLICE, NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, HUNASUR, MYSURU BY ALLOWING THIS PETITION. Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:25335 CRL.P No. 9132 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
1. Accused no.2 in Crime No.217/2025 registered by Hunusur Rural Police Station, Mysuru District, for the offences punishable under Sections 84, 86, 87 of Karnataka Forest Act, 1963, and Section 303(1) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.217/2025 was registered by Hunusur Police Station, Mysuru District, for the aforesaid offences against Shivananja - accused no.1 based on the first information dated 19.05.2025 received from Ramu - Police Officer attached to Hunusur Rural Police Station. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.5142/2025 before the jurisdictional Sessions Court, which was rejected on
24.06.2025. Therefore, he is before this Court. - 3 -
HC-KAR NC: 2025:KHC:25335 CRL.P No. 9132 of 2025
4. Perusal of the material on record would go to show that based on credible information that in the house of accused no.1, he had stocked sandalwood billets illegally, FIR was registered against him and thereafter raid was conducted to his house.
The police had seized sandalwood billets totally weighing 25.155 Kgs from the house of accused no.1 and accused no.1 who was present in the house was apprehended and brought to the police station along with sandalwood billets recovered from his house. Subsequently, accused no.1 was remanded to judicial custody. 5. So far as the petitioner herein who is arrayed as accused no.2 in the present case is concerned, it appears that accused no.1 during the course of interrogation had confessed that he had purchased the seized sandalwood billets from the petitioner. Except the confession statement of accused no.1, there is no other material to connect the petitioner to the crime at this stage. Undisputedly, petitioner who is arrayed as accused no.2 in the present case, has no other criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of 10 years. Under the
- 4 -
HC-KAR NC: 2025:KHC:25335 CRL.P No. 9132 of 2025
circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:
6. The 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 Crime No.217/2025 registered by Hunusur Rural Police Station, Mysuru District, for the offences punishable under Sections 84, 86, 87 of Karnataka Forest Act, 1963, and Section 303(1) of BNS, 2023, subject to the following conditions:
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/- each 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
- 5 -
HC-KAR NC: 2025:KHC:25335 CRL.P No. 9132 of 2025
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
KK