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2026 DAILYLAW 16754 (KAR)

MR. LAKSHMANA v. STATE OF KARNATAKA

CRL.P/685/2026 · 2026-03-05

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13462 CRL.P No. 685 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.685 OF 2026 (438(Cr.PC)/ 482(BNSS)) BETWEEN: 1. MR. LAKSHMANA, S/O. BEGURUMUNIYAPPA, AGED ABOUT 31 YEARS, R/A. NAVARATHNA AGRAHARA VILLAGE, SADAHALLI POST, YALAHANKA TALUK, BENGALURU DIST.-562 110. 2. MR. CHANNAKESHAVA M., S/O. MUNIRAJU, AGED ABOUT 27 YEARS, R/O. NAVARATHNA AGRAHARA VILLAGE, SADAHALLI POST, YALAHANKA TALUK, BENGALURU DIST.-562 110. …PETITIONERS (BY SRI. SIDDHARTH B. MUCHANDI, ADVOCATE) AND: STATE OF KARNATAKA, BY KODIGENAHALLI POLICE STATION, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13462 CRL.P No. 685 of 2026 MADHUGIRI RANGE, MADHUGIRI, TUMAKURU DIST. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. B. LAXMAN, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS ON ORDER DIRECTING THE RESPONDENT POLICE DRFO, KODIGEHALLI SECTION, MADHUGIRI RANGE, TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN WLOR.NO.4/2025, FOR THE OFFENCES P/U/S 2(16),9,39,51 OF WILD LIFE (PROTECTION) ACT, 1972 AND THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI HAS REJECTED THE BAIL PETITION ON 05.01.2025 IN CRL.MISC.NO.5360/2025. 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:13462 CRL.P No. 685 of 2026 ORAL ORDER The petitioners are before this Court seeking anticipatory bail in WLOR No.4/2025 of Deputy Range Forest Officer, Kodigenahalli Section, Madhugiri Range registered for the offences punishable under Sections 2(16), 9, 39, 51 of the Wildlife (Protection) Act, 1972, pending on the file of the learned Principal Senior Civil Judge and JMFC Court at Madhugiri. 2. The case of the prosecution is that on 16.12.2025, Deputy Range Forest Officer, Madhugiri Zone, Kodigenahalli Section Officers and Patrol Forest Guards of Maidanahalli Patrol and Byalya Patrol were on patrolling duty on the outskirts of Shravandanahalli and saw a speeding vehicle on the Gauribidanur-Shravandanahalli road. Though the officers had tried to stop the vehicle with the help of flashlight, the vehicle did not stop. Having suspected the speed of the said vehicle, the officers had followed the said vehicle. The vehicle had dashed to the barrier/retaining wall and stopped the vehicle and the - 4 - HC-KAR NC: 2026:KHC:13462 CRL.P No. 685 of 2026 accused left the vehicle and fled away from the spot. The accused No.2 was apprehended by the officials. On interrogation and search conducted by the officials, they found a blue-coloured plastic bag inside the vehicle containing an antelope (Cervicapra). They also found a male rabbit kept in a yellow and red coloured plastic bag. Further they have seized rifles, air guns and also other items in the said vehicle. 3. On enquiry, the accused No.2 named the present petitioners and another. Based on the said statement, the case came to be registered against all the accused for the offences stated supra. 4. Heard Sri Siddharth B Muchandi, learned counsel for petitioner and Sri B Laxman, learned High Court Government Pleader for respondent/State. 5. The learned counsel for the petitioners submits that the petitioners are innocent of the alleged offences and they have been falsely implicated in this case. The - 5 - HC-KAR NC: 2026:KHC:13462 CRL.P No. 685 of 2026 presence of the petitioners has not been established. Even on reading the complaint, the allegations are made in omnibus manner. 6. It is further submitted that the petitioners even though arraigned as accused Nos.3 and 4, the fact remains that, their involvement in committing the offences stated supra are very remote and bleak. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for the respondent/State submitted that the petitioners were present in the said vehicle and had hunted an antelope and a rabbit. When they were proceeding in the said vehicle, the officials chased them, and accused No.2 surrendered before the authorities. On the basis of the statement of the accused No.2, the antelope and a dead male rabbit found in the said vehicle. - 6 - HC-KAR NC: 2026:KHC:13462 CRL.P No. 685 of 2026 Therefore, the petitioners/accused Nos.3 and 4 are not entitled for any relief. Making such submissions, he prays to reject the petition. 8. Heard learned counsel for the respective parties and perused the averments of the complaint. 9. It appears from the record that the D.R.F.O. lodged a complaint before the learned Senior Civil Judge and Chief Judicial Magistrate, Madhugiri, stating that while he was on patrolling duty, a Toyota Qualis vehicle was found coming on the Gowribidanur–Shrandanahalli Road. When the officials attempted to stop the said vehicle, the driver failed to stop and drove the vehicle in a rash and negligent manner, and therefore, the officials chased the said vehicle. The accused No.2 was apprehended. The rest of the accused absconded from their clutches, and the officials found the dead bodies of male rabbits which were hunted by the accused. The names of the petitioners have - 7 - HC-KAR NC: 2026:KHC:13462 CRL.P No. 685 of 2026 been arrayed in the said complaint after obtaining the voluntary statement of accused No.2. 10. Considering the said aspects, it is appropriate to grant them bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i) The petitioners are ordered to be enlarged on bail in the event of their arrest in WLOR No.4/2025 of DRFO, Kodigenahalli Section, Madhugiri Range registered for the offences punishable under Sections 2(16), 9, 39, 51 of the Wildlife (Protection) Act, 1972, pending on the file of the learned Principal Senior Civil Judge and JMFC Court at Madhugiri on executing personal bond in a sum of Rs.1,00,000/- each with one surety each for the like sum to the satisfaction of the Trial Court. (ii) The petitioners shall surrender before the respondent/police within a period of one - 8 - HC-KAR NC: 2026:KHC:13462 CRL.P No. 685 of 2026 month from today to execute personal bond and also to furnish surety. (iii) The petitioners shall co-operate with the trial. (iv) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (v) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioners shall not commit any criminal cases till disposal of the case. In case, if the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail granted to them. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 36