- 1 - HC-KAR NC: 2025:KHC:40646 CRL.P No. 12419 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12419 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: 1. MURUGAN S/O RAJENDRA UNDIGANATHAM AGED ABOUT 24 YEARS R/AT: VEPPANAPALLI VILLAGE KRISHNAGIRI TALUK KRISHNAGIRI DISTRICT TAMILNADU – 635 001. 2. VASU S/O MURUGAN UNDINATHAM AGED ABOUT 22 YEARS, R/AT BORAPETTA VILLAGE KRISHNAGIRI TALUK KRISHNAGIRI DISTRICT TAMILNADU – 635 001. …PETITIONERS (BY SRI LAKSHMIKANTH K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RANGE FOREST OFFICER MANDYA BY ITS STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40646 CRL.P No. 12419 of 2025 HIGH COURT BUILDING BENGALURU – 560 001. …RESPONDENT (BY SRI B LAKSHMAN, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN SC No.52/2025 PENDING ON THE FILE OF V ADDL.DISTRICT AND SESSIONS JUDGE AT MANDYA FOR THE OFFENCE PUNISHABLE UNDER SECTION 24(c)(ii) (d) (e) (f) (j), 62, 80, 84 AND 86 OF THE KARNATAKA FOREST ACT 1963 IN FOC No.6/2024-25 OF RANGE FOREST OFFICER MANDYA AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused Nos. 1 and 2 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in SC No. 52/2025 of pending on the file of V Additional District and Sessions Judge, Mandya, registered for offence punishable under Sections 24(c)(ii), (d), (e), (f), (j), 62, 80, 84 and 86 of the Karnataka Forest Act, - 3 - HC-KAR NC: 2025:KHC:40646 CRL.P No. 12419 of 2025 1963 arising out of FOC No. 6/2024 of Range Forest Officer, Mandya. 2. Heard learned counsel for petitioners and learned HCGP for respondent – State. 3. Learned counsel for petitioners would contend that a false case came to be foisted against the petitioners who came in search of a job. Investigation is completed and charge sheet is filed and therefore, petitioners are not required for custodial interrogation. There are no independent eye witnesses to the alleged incident and all witnesses are official witnesses. The offence alleged against the petitioners is not punishable either with death or imprisonment for life. Petitioners are ready to abide by any condition to be imposed by this Court. With this, he prayed for allowing the petition. 4. Per contra, learned HCGP would contend that the petitioners stayed in reserve forest area for several days and they have cut sandal wood trees and before they - 4 - HC-KAR NC: 2025:KHC:40646 CRL.P No. 12419 of 2025 could transport the same, they were caught by the forest officials along with sandal wood pieces. Petitioners are from Tamil Nadu and if they are granted bail, they will abscond and will not be available for trial. With this prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused the charge sheet and other materials placed on record. 6. The accusation as per charge sheet against the petitioners is that they were found sleeping in reserve forest area and on enquiry they told that they had cut sandal wood trees. Sandal wood billets and other weapons used to cut the sandal wood trees have been seized from the spot. After investigation charge sheet has been filed against the petitioners. Petitioners are in judicial custody since 11.01.2025. As charge sheet is filed petitioners are not required for custodial interrogation. Offence alleged against the petitioners is not punishable either with death or imprisonment for life. The apprehension of the - 5 - HC-KAR NC: 2025:KHC:40646 CRL.P No. 12419 of 2025 prosecution that the petitioners, if granted bail, will abscond since they are residents of Tamil Nadu can be met with by imposing stringent conditions. Petitioners have made out case for grant of bail with conditions. 7. In the result, the following; O R D E R Petition is allowed. Petitioners are granted bail in SC No. 52/2025 of pending on the file of V Additional District and Sessions Judge, Mandya, subject to following conditions: 1. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum and out of the two sureties one surety should be a local surety, to the satisfaction of the jurisdictional Court. 2. Petitioners shall furnish their identity/address proof. - 6 - HC-KAR NC: 2025:KHC:40646 CRL.P No. 12419 of 2025 3. Petitioners shall not directly or indirectly tamper with the prosecution witnesses. 4. Petitioners shall appear before the trial Court on all dates of hearing unless exempted and cooperate in speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 12 Ct.sm