- 1 - HC-KAR NC: 2025:KHC:44620 CRL.P No. 12301 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12301 OF 2025 BETWEEN: SRI. SHIVANANJA S/O MUNIYAYYA AGED ABOUT 34 YEARS RESIDING AT MANGALURU MALA HADI HANAGODU TALUK MYSURU DISTRICT PIN CODE 571 105 …PETITIONER (BY SRI. PUNITH C, ADVOCATE) AND: STATE OF KARNATAKA BY HUNASURU RURAL POLICE STATION MYSURU PIN CODE-571 104 REPRESENTED BY SPP HIGH COURT BUILDING BANGLAORE 560 001 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER FOR THE OFFENCE P/U/S 303(1)OF BNS ACT AND SEC.84,86,87 OF KARNATAKA FOREST ACT, REGISTERED IN CR.NO.217/2025 OF HUNASURU RURAL POLICE NOW PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44620 CRL.P No. 12301 of 2025 HUNASUR, MYSURU IN C.C.NO.990/2025 BY ALLOWING THIS PETITION. 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.1 in Crime No.217/2025 registered by Hunusur Rural Police Station, Mysuru District, for the offences punishable under Section 303(1) of BNS, 2023 and Sections 84, 86 and 87 of the Karnataka Forest Act, 1963, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.217/2025 was registered by Hunusur Police Station, Mysuru, for the aforesaid offences against petitioner herein and based on the first information dated 19.05.2025 received from Ramu, Police Officer attached to Hunusur Rural Police Station, Mysuru. During the course of investigation, petitioner was arrested on 19.05.2025 and was subsequently remanded to judicial custody. His bail application - 3 - HC-KAR NC: 2025:KHC:44620 CRL.P No. 12301 of 2025 filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.9508/2025 which was dismissed as withdrawn with liberty to petitioner to file a fresh bail application before the Sessions Court after investigation is completed and charge sheet is filed. 4. Police after investigation have filed charge sheet in the present case against two persons for the aforesaid offences and petitioner is arrayed as accused No.1 in the charge sheet. Thereafter, petitioner had filed Crl.Misc.No.5200/2025 before the jurisdictional Sessions Court under Section 483 of BNSS, 2023 which was rejected on 07.08.2025. Therefore, he is before this Court in this successive petition. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is in custody for the last nearly six months. Investigation in the case is completed. The maximum punishment for the alleged offences is imprisonment for a period of ten years. The seized articles are small pieces of sandalwood tree and not sandalwood billets. Accused No.2 has been granted anticipatory bail by this Court. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:44620 CRL.P No. 12301 of 2025 6. Per contra, learned HCGP has opposed the petition. She submits that petitioner is involved in similar case registered in Crime No.304/2019 by the very same police and in the said case, he was found in possession of 20 kgs of sandal billets. While on bail in the said case, petitioner is found involved in a second case of similar nature and therefore, his prayer cannot be granted. 7. The material on record would go to show that based on credible information received that in the house of petitioner, he had stocked sandalwood pieces, FIR was registered against the petitioner for the aforesaid offences by Hunusur Rural Police Station and thereafter, a raid was conducted to his house and sandalwood pieces weighing about 23.680 kgs worth about Rs.3,843/- was recovered and seized under a panchanama. During the course of investigation, petitioner allegedly had confessed that he had purchased the sandalwood pieces from accused No.2, who is now granted anticipatory bail by this Court in Crl.P.No.9132/2025 on 10.07.2025. Investigation in the case is already completed and charge sheet has been filed in the present case against accused Nos.1 and 2. The maximum - 5 - HC-KAR NC: 2025:KHC:44620 CRL.P No. 12301 of 2025 punishment for the charge sheeted offences is imprisonment for a period of ten years. Petitioner is in custody in the present case for the last nearly six months. It is not in dispute that in the earlier criminal case which was registered against him in the year 2019 with similar allegations, he is on bail. It is trite that an accused cannot be detained in custody as a punitive or preventive measure. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.217/2025 registered by Hunusur Rural Police Station, Mysuru District, for the offences punishable under Section 303(1) of BNS, 2023 and Sections 84, 86 and 87 of the Karnataka Forest Act, 1963, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC:44620 CRL.P No. 12301 of 2025 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 2