Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50222 CRL.P No. 15275 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15275 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1. KOLURU S/O MUTTAIAH AGE ABOUT 23 YEARS R/A IRULIGARA COLONY KASABA HOBLI RAMADEVARA BETTA RAMANAGARA TALUK AND DISTRICT PIN 562 159. &PETITIONER
(BY SRI. A.N. RADHA KRISHNA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY KAGGALIPURA FOREST RANGE OFFICER BENGALURU REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU 3 560 001. &RESPONDENT
(BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRI.No.8/2025-2026 OF KAGGALIPURA FOREST RANGE POLICE FOR OFFENCES PUNISHABLE UNDER SECTIONS 2(18), 62, 78, 84, 86, 87, AND 104-D OF KARNATAKA FOREST ACT.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50222 CRL.P No. 15275 of 2025
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the petitioner -accused No.1 under Section 483 of BNSS praying to grant bail in Crime No.8/2025-2026 of Kaggalipura Forest Range Police registered for offences under Sections 2(18), 62, 78, 84, 86, 87 and 104-D of Karnataka Forest Act.
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent 3State.
3.
Learned counsel for the petitioner would contend that the petitioner is found cutting the sandalwood tree along with the three others and when Forest officials apprehended, the petitioner was caught and other three persons ran away. Forest officials found 19 billets and 5 saw. Out of the offences alleged, only offence under Section 86 of the Karnataka Forest Act is provided with punishment of imprisonment which may extend upto 10 years and with fine. The petitioner is in
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HC-KAR NC: 2025:KHC:50222 CRL.P No. 15275 of 2025
custody since 24.09.2025 and as major portion of the investigation is over, he is not required for custodial interrogation. The petitioner who was involved earlier in Crime No.257/2021 of Kengeri Police Station has been granted anticipatory bail, the said case is still pending and petitioner is attending the said case. With this he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent 3State would contend that this petitioner has been caught red handed while he and others were cutting sandalwood trees. 19 billets and 5 saw have been seized from the spot. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend upto 10 years. The petitioner was involved in similar offence of theft of sandalwood in Crime No.257/2021 of Kengeri Police Station registered for offence punishable under Section 379 of IPC read with Section 86 and 87 of the Karnataka Forest Act. The investigation is in progress, if
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HC-KAR NC: 2025:KHC:50222 CRL.P No. 15275 of 2025
the petitioner is granted bail at this stage, he will hamper the investigation, tamper the prosecution witnesses and commit similar offence. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. As per case of the prosecution, the petitioner was caught by the forest officials when he and three others were cutting the sandalwood trees. 19 billets and 5 saw have been seized from the spot, wherein this petitioner has been arrested. The other three persons ran away from the spot and their names have been disclosed by this petitioner. The offence alleged against the petitioner i.e., Section 86 of the Forest Act is provided with punishment which may extend upto 10 years.
If the offence is second offence, then the imprisonment shall not be less than 7 years and the fine shall not be less than Rs.75,000/-. The petitioner was earlier involved in Crime
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HC-KAR NC: 2025:KHC:50222 CRL.P No. 15275 of 2025
No.257/2021 of Kengeri Police Station registered for offences punishable under Section 379 of IPC and Section 86 and 87 of Karnataka Forest Act. Considering the said aspect, the petitioner is having criminal antecedents of having committed similar offence. The investigation is in progress. If at this stage petitioner is granted bail, there are chances of he hampering the investigation, tampering the prosecution witnesses, and committing similar offence. Considering the above aspect, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. The petitioner is at liberty to file application for bail after filing of the charge sheet before the Sessions Court. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 24 Ct.sm