- 1 - NC: 2025:KHC:7481 CRL.P No. 11174 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 11174 OF 2024 BETWEEN: SRI. SYED BASHEER, S/O LATE SYED ISMAIL, AGED ABOUT 45 YEARS, R/AT KATTIGENAHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI. NAVEEN J., ADVOCATE) AND: THE STATE OF KARNATAKA, HOSKOTE POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. VENKAT SATHYANARAYAN, HCGP) THIS CRL.P. IS FILED U/S.438 (FILED U/S.482 BNNS) CR.P.C PRAYING TO GRANT HIM AN ORDER OF ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.362/2023 REGISTERED BY THE HOSAKOTE POLICE STATION U/S 86, 87 OF KARNATAKA FOREST ACT R/W SEC.379 OF IPC (C.C.NO.177/2024) ON THE FILE OF THE PRINCIPAL JUNIOR Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:7481 CRL.P No. 11174 of 2024 CIVIL JUDGE AND JMFC AT HOSKOTE, BENGALURU RURAL DISTRICT AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being the sole accused is seeking grant of anticipatory bail in Crime No.362 of 2023 of Hosakote Police Station, pending in C.C.No.177/2024 on the file of learned Principal Civil Judge and JMFC., Hosakote registered for the offences punishable under Section 379 of Indian Penal Code (for short 'IPC') and Sections 86 and 87 of the Karnataka Forest Act, on the basis of the first information lodged by Ashok B.S., Sub- Inspector Police, Hosakote Police Station. 2. Heard Sri Naveen.J., learned counsel for the petitioner and Sri Venkat Sathyanarayan, learned High Court Government Pleader for the respondent-State. Perused the materials on record. - 3 - NC: 2025:KHC:7481 CRL.P No. 11174 of 2024 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?" 4. My answer to the above point is in the 'Negative' for the following: REASONS The petitioner being the sole accused is seeking grant of anticipatory bail on the apprehension of being arrested. On the basis of first information, FIR came to be registered initially against unknown persons. 5. During investigation, search was held in the house of the petitioner and it is stated that 65 kgs of sandalwood billets were recovered in the presence of the wife of the petitioner. It is stated that the date of offence is on 09.11.2023. - 4 - NC: 2025:KHC:7481 CRL.P No. 11174 of 2024 6. Learned HCGP would submit that till date, the petitioner-accused is absconding and his presence could not be secured inspite of issuance of non bailable warrant. The charge sheet is filed by the Investigating Officer showing that the petitioner is absconding. 7. It is also relevant to note that the petitioner had filed similar petition before this Court in Crl.P. No.2762/2024 seeking grant of anticipatory bail. The same was came to be dismissed vide order dated 31.05.2024. Inspite of that, the petitioner had not appeared before the Investigating Officer. An opinion is already expressed in the order dated 31.05.2024 that even though charge sheet is already filed showing the petitioner as absconding, the petitioner may be required for further interrogation and he is not entitled for anticipatory bail. There are no changed circumstances to once again consider the petition filed by the petitioner seeking similar relief. Hence, I am of the opinion that the petitioner is not entitled for grant of anticipatory bail. - 5 - NC: 2025:KHC:7481 CRL.P No. 11174 of 2024 9. Accordingly, I answer the above point in the Negative and proceed to pass the following: ORDER The Petition is dismissed. Sd/- (M G UMA) JUDGE PSJ List No.: 2 Sl No.: 12