- 1 - NC: 2025:KHC-D:2876 CRL.P No. 100468 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100468 OF 2025 [439(Cr.PC)/483(BNSS)] BETWEEN: ARUN S/O. FAKKIRAPPA DAYAVANOOR, AGE: 21 YEARS, OCC. STUDENT, R/AT. BUDARSHING VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-580028. … PETITIONER (BY SRI S.B.DODDAGOUDAR, ADVOCATE) AND: THE STATE OF KARNATAKA (PSI KESHWAPUR POLICE STATION, HUBBALLI) REPRESENTED BY S.P.P, HIGH COURT BUILDING, KALABURAGI. … RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF B.N.S.S. (SECTION 439 OF Cr.P.C) SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 86 AND 87 OF KARNATAKA FOREST ACT, 1963 AND UNDER SECTION 303(2) OF BNS ACT IN KESHVAPUR P.S., IN CRIME NO.212/2024 (NOW TRANSFERRED TO HUBBALLI RURAL POLICE STATION IN CRIME NO.34/2025) PENDING ON THE FILE OF 2ND JMFC COURT, HUBBALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.14 15:02:57 +0530 - 2 - NC: 2025:KHC-D:2876 CRL.P No. 100468 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of regular bail in Crime no.34/2025 by Hubballi Rural Police Station for offences punishable under Sections 86 and 87 of Karnataka Forest Act, 1963 (for short, ‘KF Act’) and Section 303 (2) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) by accused no.2 (petitioner). 2. Sri SB Doddagoudar, learned counsel for petitioner submitted case of prosecution was based on complaint dated 11.12.2024 by Sadashiv Kanatti, PSI, CID Special Forest Patrol Force stating that at 5:00 p.m. on 11.12.2024 he received credible information about two persons transporting sandalwood on a two wheeler. Immediately, intimation was sent to his Higher Officer and after obtaining permission, went to spot along with pancha witnesses, at 5:45 p.m. On noticing accused no.1 and 2 riding two wheeler bearing registration no.KA-63/1659 along with rice bag, they were stopped and enquired about contents of bag. After asking them to open bag, - 3 - NC: 2025:KHC-D:2876 CRL.P No. 100468 of 2025 they found pieces of wood which smelled like sandalwood. On enquiry about permit/licence to carry same, accused replied that sandalwood pieces were given to them by accused no.3 few days earlier to sell and thereafter share profits and they did not have any permit. After intimating accused about option to undergo search either before Mazistrate or by Police and as accused consented for search by Police, they were subjected to search of their person. Search yielded 12 pieces of sandalwood weighing a total weight of 4 Kgs 470 Grams being carried in green colour rice bag on Suzuki Access 125 two wheeler. After seizure of said items, in presence of Panchas, complaint was filed. Same was initially registered as Crime No.212/2024 of Keshavapur Police Station, however, on account of jurisdiction, it was transferred to Hubballi Rural Police Station and re- registered as Crime no.34/2025. 3. It was submitted, transfer of investigation from Keshavapur Police Station to Hubballi Rural Police Station on account of territorial jurisdiction would be technical flaw insofar as search and seizure. It was further submitted, accused no.2 was a student studying in II year of B.Com course who was merely taking lift from accused no.1 at time of incident. It was - 4 - NC: 2025:KHC-D:2876 CRL.P No. 100468 of 2025 further submitted, there were no criminal antecedents and petitioner was being falsely implicated. It was further submitted, as per complaint, accused no.1 and 2 were found to be in possession of sandalwood beyond permissible limit without permit or licence, offence under Section 86 of KF Act would not be substantiated. On said grounds sought for grant of bail. 4. On other hand, Smt.Girija S.Hiremath, learned HCGP opposed petition. It was submitted, investigation was still under progress and accused were found to be in possession of 4 Kgs 470 Grams of sandalwood which was beyond permissible limit without any permit or licence. It was further submitted, accused no.3 was earlier involved in other offences and possibility of accused committing similar offences in case of grant of bail was very high. It was also submitted, possibility of fleeing justice or jumping bail was also a ground for refusing bail. On said grounds sought for rejection of bail. 5. Heard learned counsel. 6. From above, point that arises for consideration is: - 5 - NC: 2025:KHC-D:2876 CRL.P No. 100468 of 2025 “Whether petitioner is entitled for regular bail with conditions?” 7. This petition is by accused no.2 for grant of regular bail in Crime no.34/2025 (supra) for offences punishable under Sections 86 and 87 of KF Act read with Section 303 (2) of BNS. As per complaint, there was seizure of sandalwood from possession of accused no.1 and 2 constituting offence as alleged. However, ground urged by petitioner that there was error insofar as search and seizure as Keshavapur Police Station did not have jurisdiction would not appeal on ground that search and seizure was conducted by Special Forest Patrol Force and not by regular police. Though there appears to be transfer of prosecution case from Keshavapur Police Station to Hubballi Rural Police Station, same is due to territorial jurisdiction of regular police. Whether same would be fatal would require consideration later. However, petitioner’s contention that he was law abiding citizen and was student studying in II year B.Com without any criminal antecedents, which is not denied or disputed by respondent, would require consideration. As per prosecution, accused no.1 and 2 got sandalwood from accused no.3 who was stated to be involved - 6 - NC: 2025:KHC-D:2876 CRL.P No. 100468 of 2025 in other criminal offences. As same would not apply to petitioner and as concerns of prosecution could be met by imposing appropriate conditions, point for consideration is answered in affirmative. Consequently following: ORDER Petition is allowed. Petitioner/accused no.2 is ordered to be released on bail in Crime no.34/2025 by Hubballi Rural Police Station for offences punishable under Sections 86 and 87 of KF Act and Section 303 (2) of BNS, subject to following conditions: a) He shall execute a personal bond in a sum of Rs.50,000/- with two sureties for likesum. b) He shall appear before Investigating Officer (IO) for investigation as and when required and co-operate with investigation. c) He shall not threaten, tamper with or influence prosecution witnesses, either directly or indirectly. d) Until filing of charge-sheet, he shall mark his attendance before IO on 1st and 3rd Sunday of each month between 9:00 a.m. and 4:00 p.m. e) He shall inform to IO about any change of residence. - 7 - NC: 2025:KHC-D:2876 CRL.P No. 100468 of 2025 f) He shall not indulge in any criminal activities. g) He shall be regular in attending Court proceedings. h) It is clarified that views expressed are prima facie and shall not influence final outcome after trial. SD/- (RAVI V.HOSMANI) JUDGE RH CT:PA List No.: 1 Sl No.: 15