- 1 - HC-KAR NC: 2025:KHC:28144 CRL.P No. 9186 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9186 OF 2025 BETWEEN: 1. RAJESH S/O CHIKKANARASEGOWDA AGED ABOUT 47 YEARS R/OF AALATTURU VILLAGE GUDLUPETE TALUK, CHAMARAJANAGAR DISTRICT-571 111. …PETITIONER (BY SRI. SHARAS CHANDRA M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BEGURU P.S. (REP. BY SPP) HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE RELIEF OF THE ANTICIPATORY BAIL TO THE ABOVE NAMED PETITIONER/ACCUSED IN CR.NO.49/2025 OF BEGUR P.S. PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGARA Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28144 CRL.P No. 9186 of 2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 9 AND 51 OF WILD LIFE (PROTECTION) ACT 1972, UNDER SECTION 325 OF BNS, 2023 AND UNDER SECTIONS 135 AND 138 OF INDIAN ELECTRICITY ACT (AMEND) 2003. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.49/2025 registered by Begur Police Station, Chamarajanagar for the offences punishable under Sections 9 and 51 of Wild Life (Protection) Act 1972, Section 325 of the Bharatiya Nyaya Sanhita, 2023 and Sections 135 and 138 of Indian Electricity Act (Amended) 2003 is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.49/2025 was registered by Begur Police Station, Chamarajanagar for the aforesaid offences against the petitioner herein on the basis of the first information dated 08.04.2025 received from Satish Kumar, Range Forest Officer, Gundlupet. Apprehending arrest in the - 3 - HC-KAR NC: 2025:KHC:28144 CRL.P No. 9186 of 2025 said case, the petitioner had filed Crl.Misc.No.212/2025 before the jurisdictional Sessions Court which was rejected on 09.06.2025. Therefore, he is before this Court. 4. In the first information which had resulted in registering F.I.R. in Crime No.49/2025 against the petitioner for the aforesaid offences, it is stated that, on 08.04.2025 the carcass of a male elephant was found in the property bearing Sy.No.155 of Alathur Village, Gundlupet. It is also stated that for the purpose of protecting crops in the aforesaid property, the solar fence was illegally given electricity connection and as a result, the male elephant aged about 15-20 years had come into connection with live electricity and had died. 5. Learned counsel for the petitioner has submitted that the land bearing Sy.No.155 of Alathur Village does not belong to the petitioner and he has produced the RTC extract of the said land which would go to show that petitioner's name is not found in the RTC extract of the said land. Even though learned HCGP has tried to bring to the notice of the Court that petitioner's land is situated on the southern side of the aforesaid land bearing Sy.No.155, in the first information or in - 4 - HC-KAR NC: 2025:KHC:28144 CRL.P No. 9186 of 2025 the spot mahazar which has been drawn in the present case, there is no such mention that even the petitioner's land was fenced and illegal electricity connection was given to the said fence. The petitioner is an agriculturist having no other criminal antecedents. The alleged offences are not punishable with death or imprisonment for life. Under the circumstances, I am of the opinion that the prayer made by the petitioner, who has undertaken to co-operate with police for the purpose of investigation is required to be answered in affirmative. Accordingly the following: ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.49/2025 registered by Begur Police Station, Chamarajanagar for the offences punishable under Sections 9 and 51 of Wild Life (Protection) Act 1972, Section 325 of the Bharatiya Nyaya Sanhita, 2023 and Sections 135 and 138 of Indian Electricity Act (Amended) 2003, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:28144 CRL.P No. 9186 of 2025 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE PGG List No.: 1 Sl No.: 50