- 1 - HC-KAR NC: 2026:KHC:31934 WP No. 17660 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17660 OF 2026 (GM-RES) BETWEEN: K D BALAKRISHNA, S/O. K.A. DEVAPPA, AGED ABOUT 72 YEARS, S.L.N. TIMBER SAWMILL, BOLLUR VILLAGE, GUDDE HOSUR POST, KUSHALNAGAR TALUK, KODAGU DISTRICT - 571 234. …PETITIONER (BY SRI LETHIF B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RANGE FOREST OFFICER, KUSHALNAGARA RANGE, KODAGU DISTRICT, REP; BY SPP HIGH COURT BUILDING, BENGALURU-560 001. 2. DEPUTY RANGE FOREST OFFICER, KUSHALNAGAR RANGE, KUSHALNAGARA, KODAGU DISTRICT. …RESPONDENTS (BY SRI B.N JAGADEESHA, SPP –I FOR R-1) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31934 WP No. 17660 of 2026 THIS WP IS FILED ARTICLES 226 OF THE CONSTITUTION OF INDIA REAS WITH SECTION 482 OF THE CPC PRAYING TO A. ISSUE WRIT OF CERTIORARI ORDER QUASHING THE FIR IN FOC NO.1/2026-2027, DATED: 20.05.2026 ON THE FILE OF CIVIL JUDGE AND JMFC, KUSHALANAGARA FOR THE OFFENCE PUNISHABLE UNDER SECTION 50(2)(K), 50(2)(a), 62, 80 OF KARNATAKA FOREST ACT 1963, RULE 144 R/W 165 OF KARNATAKA FOREST RULES 1969 AND SECTION 8, 22 OF KARNATAKA PRESERVATION OF TREES ACT 1976 OF KUSHALANAGAR RANGE WHICH ARE PRODUCED AS ANNEXURE A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – accused is before this Court seeking the following prayer: “a. Issue writ of certiorari order quashing the FIR in FOC No.1/2026-2027, dated: 20.05.2026 on the file of Civil Judge and JMFC, Kushalanagara for the offence punishable under Section 50(2)(k), 50(2)(a), 62, 80 of Karnataka Forest Act 1963, rule 144 r/w 165 of Karnataka Forest Rules 1969 and section 8, 22 of Karnataka preservation of Trees Act 1976 of Kushalanagar Range which are produced as Annexure A. b. Issue writ of certiorari orders by quashing the Mahazar dated 20.05.2020 prepared by the 2nd respondent at Annexure – B in the interest of justice. c. Pass any other order or orders this Hon’ble Court deems fit in the interest of justice.” - 3 - HC-KAR NC: 2026:KHC:31934 WP No. 17660 of 2026 2. Heard Sri Lethif B., learned counsel for petitioner and Sri B.N.Jagadeesha, learned State Public Prosecutor – 1. 3. Learned State Public Prosecutor – 1 would place on record a photocopy of the interim order granted by this Court in W.P.No.14713/2024, on 01.07.2024, preferred by the very petitioner along with two others, who run the same sawmill. The interim order reads as follows: “Heard. Respondents are directed to open lock that has been put on the Sawmill by them and permit the petitioners to continue their business subject to certain condition that the petitioners shall install a CCTV in the premises of the business and shall undertake not to indulge in any activities that would become ingredients of the Karnataka Forest Act, 1963. List the matter on 10.07.2024.” 4. Learned counsel for the petitioner now submits that the petitioner is wanting to cut the logs, transport and put it inside a temple for the refurbishment of the same and has produced a letter from the hands of the temple, where they have sought that the logs be cut and then place them inside the temple for its usage. - 4 - HC-KAR NC: 2026:KHC:31934 WP No. 17660 of 2026 5. The submission of the learned counsel for the petitioner, the communication and the annexures appended to the petition all would corroborate and therefore, in the light of the said circumstance, the FIR so registered in Forest Offence Case - FOC No.1/2026-2027 on the aforesaid ground that the petitioner has cut the log, would stand obliterated, on the condition that the petitioner would use the log's cut, only inside the temple as indicated by the communication sent by the Administrator of the temple. If there is any other logs being cut by the petitioner unauthorisedly, it is open to the respondent – the forest department to take action in accordance with law. 6. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. The impugned FIR in FOC No.1/2026-2027, dated 20.05.2026, pending on the file of Civil Judge and JMFC, Kushalanagara and the mahazar dated 20.05.2026, stands quashed. - 5 - HC-KAR NC: 2026:KHC:31934 WP No. 17660 of 2026 c. In the light of the quashment of the impugned proceedings, the sawmill that has stood closed on account of the impugned proceedings, shall be forthwith reopened. d. Respondent No.2 – Forest Department is at liberty to take action in accordance with law, in the event, the petitioner is found performing cutting of logs, other than the ones observed in the course of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 11