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High Court of Karnataka · body

2025 DAILYLAW 67617 (KAR)

MR. BALARAJU v. STATE BY KARNATAKA BY

CRL.P/13040/2025 · 2025-11-26

Shivashankar Amarannavar

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48962 CRL.P No. 13040 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13040 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. BALARAJU S/O PILIP AGED ABOUT 51 YEARS RESIDING AT GONINAYAKANA DODDI JIGANI, ANEKAL BENGALURU – 560 105. …PETITIONER (BY SRI S. SHEHINSHA ALI, ADVOCATE) AND: 1. STATE BY KARNATAKA BY KAGGALIPURA FOREST RANGE BENGALURU KARNATAKA REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE - 01. …RESPONDENT (BY SMT.B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) Cr.P.C PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN WLOR No.4/2025-26 REGISTERED BY RFO, KAGGALIPURA FOREST RANGE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48962 CRL.P No. 13040 of 2025 9,2(16),39,50,51,55,56,57 OF WILDLIFE (PROTECTION) ACT PENDING BEFORE THE II ADDL. CJM BENGALURU RURAL DISTRICT BENGALURU. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner under Section 482 of BNSS praying to grant anticipatory bail in WLOR No.04/2025-26 registered by the RFO, Kaggalipura Forest Range, for the offence punishable under Section 9, 2(16), 39, 50, 51, 55, 56, 57 of Wildlife (Protection) Act. 2. Heard learned counsel for the petitioner and learned Addl.SPP for respondent / State. 3. Learned counsel for the petitioner would contend that the name of this petitioner has been disclosed by the driver of the Car in which meat of deer and wild boar were found. The said driver has been granted bail. The offence alleged against the petitioner is punishable with imprisonment for 3 years which may extend up to 7 years. - 3 - HC-KAR NC: 2025:KHC:48962 CRL.P No. 13040 of 2025 Petitioner is ready to co-operate with the police in investigation. With this he prayed to allow the petition. 4. Per contra, learned Addl.SPP would contend that the petitioner is the master mind and he conspired with the other accused in transporting meat of deer and wild boar in the car of one Pratap which was caught by the forest officials. The meat of deer and wild boar was found in the car. The said Pratap has shown the shed and there is recovery of meat of deer and wild boar. The petitioner is absconding since 29.06.2025 and he is required for interrogation. The petitioner is a rowdy sheeter and having criminal antecedents. If the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses and commit similar offence. With these she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2025:KHC:48962 CRL.P No. 13040 of 2025 6. Indica Car has been intercepted by the forest officials and it was driven by one Pratap and in that meat of 9 deer and one wild boar was found along with other articles like chopper, cylinder, weighing scale, machete, knives etc. The said driver has disclosed the name of this petitioner and he loaded the meat and other articles in the car. The said Pratap took officials to the shed where meat of deer and wild boar was recovered. The investigation is in progress. The petitioner is required for interrogation. Petitioner is a rowdy sheeter and he is involved in Crime No.35/2013 of Jigani Police Station for the offence under Section 302 of IPC and Crime No.184/2011 of Bannerghatta Police Station for the offence under Section 392 of IPC and Sections 3, 24 and 25 of the Arms Act. Considering the fact that the investigation is in progress and petitioner is having criminal antecedents, if he is granted anticipatory bail, he may hamper the investigation and tamper the prosecution witnesses. Petitioner is required for interrogation. - 5 - HC-KAR NC: 2025:KHC:48962 CRL.P No. 13040 of 2025 7. Considering the above aspects, the petitioner has not made out any grounds for grant of anticipatory bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 8