- 1 - HC-KAR NC: 2026:KHC:13885 CRL.P No. 17569 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 17569 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. THOTA NAIKA S/O SOMLA NAIKA, AGED ABOUT 55 YEARS, COOLIE, R/AT YALUGERE VILLAGE, TARIKERE TALUK, CHIKKMAGALURU DIST - PIN – 577 228. …PETITIONER (BY SRI. K S GANESHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TARIKERE POLICE, CHIKKAMAGALURU DISTRICT – 577 135. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13885 CRL.P No. 17569 of 2025 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 01 …RESPONDENT (BY Ms. ASMA KOUSER, ADDL. SPP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO DIRECT THE RESPONDENT THAT IN THE EVENT OF HIS ARREST IN CR.NO.226/2025 OF TARIKERE P.S. PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND PRL.J.M.F.C., TARIKERE REGISTERED FOR THE OFFENCE P/U/S 86 AND 87 OF KARNATAKA FOREST ACT AND UNDER SEC.303(2) OF BNS ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13885 CRL.P No. 17569 of 2025 ORAL ORDER 1. The petitioner, who is arraigned as accused No.1, is before this Court seeking for grant of anticipatory bail in Crime No.226/2025 of respondent-police for the offences under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 86 and 87 of the Karnataka Forest Act, 1963. Brief facts of the case: 2. The case of the prosecution is that, the complainant being a police officer, has lodged a complaint stating that, on 19.10.2025, around 05.00 p.m., when he was on patrolling duty along with his staff, he had received an information that one person, who was in possession of sandalwood pieces in a plastic bag, was standing near the bypass / underpass of Lakkavalli Cross. On receiving the said information, he went to the location along with two independent panch witnesses, apprehended the accused No.2 and enquired about his address and name. The complainant has received the information that the said sandalwood pieces were given to him by accused No.1 / - 4 - HC-KAR NC: 2026:KHC:13885 CRL.P No. 17569 of 2025 petitioner herein, for the purpose of selling the same to the customers. Based on the said information, the complainant and his team conducted a search and seized the sandalwood pieces, which were weighing 2 kgs. 634 grams, worth Rs.10,000/-. Thereafter, a case came to be registered against the petitioner / accused No.1 and accused No.2. The investigation is under progress. 3. Heard Sri K.S. Ganesha, learned counsel for the petitioner and Smt. Asma Kouser, learned Additional SPP for respondent – State. 4. The submission of learned counsel for the petitioner is that the petitioner, in fact, has been implicated in a false case. He is innocent of the alleged offences. The present petitioner has been arraigned as one of the accused in the said case on the basis of the voluntary statement of accused No.2. However, the same is not acceptable under the law. 5. It is further submitted that the petitioner is a permanent resident of Tarikere Taluk, Chikkamagalur District and he is aged about 55 years and earning member of the - 5 - HC-KAR NC: 2026:KHC:13885 CRL.P No. 17569 of 2025 family. He will abide the conditions imposed by this Court in the event of his release and bail. Making such submissions, he prays to allow the petition. 6. Per contra, learned Addl. SPP for the respondent - State vehemently submitted that the petitioner and another accused are stated to be involved in selling the sandalwood pieces without any valid permit. The sandalwood pieces have been seized by the complainant and his team in the presence of independent panch witnesses. Such being the fact, the petitioner is not entitled for any relief, as prayed for. If the petitioner is enlarged on bail, there may be chances of not only committing similar offences, but also absconding from the case. Hence, it is not appropriate to grant him bail. Making such submissions, learned Addl. SPP prays to reject the petition. 7. Having heard learned counsel for the respective parties and perused the averments made in the complaint, it appears from the averments of the complaint that the complainant and his team were on patrolling duty on - 6 - HC-KAR NC: 2026:KHC:13885 CRL.P No. 17569 of 2025 19.10.2025 around 05.00 a.m. It is stated that, the complainant received an information that one person was standing near Lakkavalli cross holding a plastic bag containing sandalwood pieces. On receiving the said information, he went to the location along with his staff and two independent panch witnesses. They apprehended him and asked his name. He disclosed his name as Chandra Naika, s/o. late Thota Naika and further, he stated that he was assigned the work of selling the sandalwood pieces to anybody, at the instance of accused No.1, who is the petitioner herein. On the basis of the information, the complainant and his team conducted search and seizure and seized the sandalwood pieces weighing 2 kg., 634 grams, worth of Rs.10,000/-. A mahazar was drawn at the spot and thereafter, the case came to be registered against accused Nos.1 and 2. 8. On going through the averments of the complaint and other materials available on record, the present petitioner is arraigned as accused No.1. He has been implicated in this case on the basis of the statement made by accused - 7 - HC-KAR NC: 2026:KHC:13885 CRL.P No. 17569 of 2025 No.2. However, nothing has been recovered at the instance of accused No.1/petitioner. Having considered the same, it is appropriate to grant him bail, as prayed for. 9. Hence, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail, in the event of his arrest, in Crime No.226/2025 of respondent-police for the offences stated supra, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer. (iii) The petitioner shall appear before the Investigating Officer within a period of one month from today, to execute a personal bond and also to furnish surety. (iv) The petitioner shall co-operate with investigation as and when required. - 8 - HC-KAR NC: 2026:KHC:13885 CRL.P No. 17569 of 2025 (v) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not indulge in any criminal activities of similar nature or any other criminal case till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 34