Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 74474 (KAR)

GOVINDA v. STATE BY RANGE FOREST OFFICER

CRL.P/10263/2025 · 2025-11-06

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44969 CRL.P No. 10263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 10263 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. GOVINDA S/O RAJU AGED ABOUT 47 YEARS RESIDIGN AT KALLIKOPPALU VILLAGE K SHETTA HALLI HOBALI MARALAGALA SRIRANGAPATNA TALUK MANDYA -571 807. …PETITIONER (BY SRI. RAJU C N, ADVOCATE) AND: 1. STATE BY RANGE FOREST OFFICER SRIRANGAPATNA TALUK MANDYA REPRESENTED BY SPP HIGH OCURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN FOC No.02/2025-26 OF THE RANGE FOREST OFFICER SRIRANGAPATNA, MANDYA, FOR THE OFFENCES PUNISHABLE UNDER SECTION 24-C [ii], E, 84 AND 86 OF THE KARNATAKA FOREST ACT 1963. BY ALLOWING THIS PETITION. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44969 CRL.P No. 10263 of 2025 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 -accused No.2 under Section 482 of BNSS praying to grant anticipatory bail in FOC No.2/2025-26 of Range Forest Officer, Srirangapatna registered for offences under Section 24-C (ii) e, 84 and 86 of Karnataka Forest Act, 1963. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the name of the petitioner -accused No.2 came to be inserted as per statement of accused No.1 who was caught on the spot. The investigation is already over. The petitioner is ready to abide by any terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. The offence alleged - 3 - HC-KAR NC: 2025:KHC:44969 CRL.P No. 10263 of 2025 against the petitioner is not punishable either with death or imprisonment for life. With this, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent -State would contend that 8.950 kilograms of sandalwood billets have been seized and accused No.1 is caught red handed. The petitioner has ran away from the spot. The name of the petitioner has been disclosed by accused no. 1 and his place of residence is also shown by him. The offence alleged against the petitioner is punishable with imprisonment for 10 years. The charge sheet is filed. The petitioner is shown as absconding in the charge sheet. With this, he prayed to reject the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other matters placed on record. 6. The complainant and others who were on duty, heard a sound of cutting of trees on 09.06.2025 at about - 4 - HC-KAR NC: 2025:KHC:44969 CRL.P No. 10263 of 2025 11a.m. and they went to the place and accused persons were trying to escape from the spot. They secured accused No.1 and another person absconded. The accused No.1 told that they have cut sandalwood and showed 29 sandalwood billets and they were tied in a cloth and material used for cutting the sandalwood billets have been seized. The name of this petitioner has been disclosed by accused No.1 as the person who ran away from the spot. It is submitted that accused No.1 who has been arrested has been granted bail. Learned High Court Government Pleader submits that charge sheet has been filed. As the charge sheet has been filed, the petitioner is not required for custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is not having any criminal antecedents. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following - 5 - HC-KAR NC: 2025:KHC:44969 CRL.P No. 10263 of 2025 ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in FOC No. 2/2025-26 of Range Forest Officer, Srirangapatna subject to following conditions; a) The petitioner –accused No.2 shall execute a personal bond for sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of Jurisdictional Court. b) The petitioner –accused No.2 shall voluntarily appear before the jurisdictional Court within 10 days from this day and execute bail bond and furnish surety. c) The petitioner –accused No.2 shall not tamper the prosecution witnesses either directly or indirectly. d) The petitioner –accused No.2 shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. - 6 - HC-KAR NC: 2025:KHC:44969 CRL.P No. 10263 of 2025 e) The petitioner –accused No.2 shall not involve in commission of any similar offence. If he is found involved, the prosecution is at liberty to seek cancellation of his bail. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 9 Ct.sm