Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32914 CRL.P No. 7640 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.7640 OF 2026 BETWEEN: KIRAN S/O LATE SOMASHEKAR AGED ABOUT 29 YEARS R/AT SHANTI NAGARA BEHIND JYOTHI THEATER CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT
…PETITIONER (BY SRI. PRASHANTH M, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY TOWN P.S CHIKKAMAGALURU CHIKKAMAGALURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU -560001
2. SWARUP D/O SUNDAR K N AGED ABOUT 42 YEARS SUPERVISOR
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32914 CRL.P No. 7640 of 2026
CHIKKAMAGALURU CLUB R/AT CHIKKAMAGALURU CLUB HOSAMANE BADAVANE CHIKKAMAGALURU DISTRICT
…RESPONDENTS (BY SRI. M DIVAKAR MADDUR, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF BNNS PRAYING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.0001/2026 OF CHIKKAMAGALURU TOWN POLICE STATION CHIKKAMAGALURU FOR THE OFFENCES P/U/S 329(3) AND 303(2) OF BNS AND SECTIONS 86 AND 87 OF KARNATAKA FOREST ACT 1963 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
This petition is filed by the petitioner praying this Court to enlarge him on anticipatory bail in the event of his arrest in Cr.No.1/2026 Chikkamagaluru Town Police Station, Chikkamagaluru for the offences punishable under Sections 329(3) and 303(2) of BNS and Sections 86 and 87 of Karnataka Forest Act, 1963.
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HC-KAR NC: 2026:KHC:32914 CRL.P No. 7640 of 2026
2. Heard the learned counsel appearing for the respective parties.
3. This petition is filed based on the apprehension of arrest. The counsel appearing for the petitioner would submit that the concerned police are calling the petitioner only on the ground that he was an accused in Cr.No.114/2025 of Basavanahalli Police Station which is registered against him for the offences punishable under Sections 329(3) and 303(2) of BNS and Sections 86 and 87 of Karnataka Forest Act, 1963 wherein he has been arrayed as accused No.3. But this petitioner has not involved in any of the cases. Hence, there is an apprehension of arrest. Thus, he may be enlarged on bail granting an anticipatory bail.
4. Per contra, the counsel appearing for the State would submit that sandalwood billets were recovered at the instance of the other accused persons and the co-accused made the statement about involvement of this petitioner that he came along with Platinum motorcycle and involved in the said crime.
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HC-KAR NC: 2026:KHC:32914 CRL.P No. 7640 of 2026
5. Having heard the learned counsel appearing for the respective parties and on perusal of the material on record, it discloses that the FIR is registered against unknown persons and the name of this petitioner is not mentioned in the FIR. However, the very contention of the counsel for the petitioner that there is an apprehension of arrest since the police are calling the petitioner over the phone. The submission made by the counsel for the State that the co-accused made the statement that this petitioner also involved in the crime. Hence, there is an apprehension of arrest of this petitioner and based on the co-accused statement, this petitioner is implicated. Under the circumstances, the petitioner has made out the case for apprehension of arrest.
6. In view of the discussions made above, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.1/2026 of Chikkamagaluru Town Police Station, Chikkamagaluru, for the offences punishable under Sections
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HC-KAR NC: 2026:KHC:32914 CRL.P No. 7640 of 2026
329(3) and 303(2) of BNS and Sections 86 and 87 of Karnataka Forest Act, 1963, subject to the following conditions:- (i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this
order and shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for.
(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.
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HC-KAR NC: 2026:KHC:32914 CRL.P No. 7640 of 2026
(v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.
Sd/- (H.P.SANDESH) JUDGE
SN