Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010366692026 NC: 2026:KHC:36471 CRL.P No. 7624 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7624 OF 2026
BETWEEN:
GANGADHARA S/O THIMMAIAH AGED ABOUT 40 YEARS, R/AT NEAR SRILEKHA THEATER, NEAR SOMESHWARA TEMPLE, BASAVANAHALLI, CHIKKAMAGALURU DISTRICT 577101
…PETITIONER (BY SRI. PRASHANTH M.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP BY BASAVANAHALLI P.S CHIKKAMAGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU -560001
2.
NIVEDITHA BHARADWAJ D/O UMADEVI C K AGED ABOUT 35 YEARS, R/AT RAJU KSHATRIYA ADVOCATE, BENAKA, N R ROAD, BASAVANAHALLI,
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010366692026 NC: 2026:KHC:36471 CRL.P No. 7624 of 2026
CHIKKAMAGALURU DISTRICT 577101.
…RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1 R2 SERVED)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO. 114/2025 OF BASAVANAHALLI POLICE STATION, CHIKKAMAGALURU, NOW PENDING IN C.C. NO. 358/2026 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, CHIKKAMAGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 303(2) OF BNS AND SECTIONS 86 AND 87 OF KARNATAKA FOREST ACT,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.2 in Crime No.114/2025 registered by Basavanahalli Police Station, Chickmagalur District for the offences punishable under Sections 86, 87 of the Karnataka Forest Act, 1963 and Section 303(2) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
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HC-KAR
CNR: KAHC010366692026 NC: 2026:KHC:36471 CRL.P No. 7624 of 2026
3. FIR in Crime No.114/2025 was registered by Basavanahalli Police Station, Chickmagalur for offences punishable under Sections 84, 85, 86 of Karnataka Forest Act, 1963 and Sections 329(3), 303(2) of BNS, 2023 against unknown persons based on the first information dated 13.11.2025 received from Niveditha Bharadwaj. In the said case, petitioner was arrested on 21.02.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Criminal Misc. No.140/2026 was rejected on 08.05.2006. Therefore, he is before the Court.
4. Learned counsel for the petitioner submits accused Nos.1 and 3 have been already enlarged on bail in the present case. Investigation of the case is now completed and charge sheet has been filed. Accordingly, he prays to allow petition.
5. Per contra, learned HCGP., who opposed the petition submits that petitioner is a person with criminal antecedents and in the event, he is enlarged on bail, he may involve in committing similar offenses.
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HC-KAR
CNR: KAHC010366692026 NC: 2026:KHC:36471 CRL.P No. 7624 of 2026
6. In the first information submitted on 13.11.2025, it is stated that on the intervening night of 12.11.2015 and 13.11.2015, between 01.00 a.m. and 03.00 a.m., unknown persons had tried to commit theft of the standing sandalwood tree in the property of the first informant and they had escaped from the spot after hearing the neighbour's shout. During the course of investigation, some of the accused were arrested in the present case. Accused No.1 was arrested in the present case on 09.01.2026 and he has been granted regular bail by the jurisdictional Sessions Court in Crl.Misc. No.281/2026 vide
order dated 05.06.2026, even before charge sheet was filed. A reading of the order passed in Crl. Misc. No.281/2026 would reveal that even accused No.1 was a person with similar criminal antecedents. Accused No.3 has been granted anticipatory bail by a Coordinate Bench of this Court in Criminal Petition No.7608/2026 vide order dated 03.07.2026.
7. A reading of the charge sheet would go to show that allegation of entering the compound of the first informant on the alleged date of incident is as against accused Nos.1 and 4. Petitioner and other accused persons had allegedly thereafter
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HC-KAR
CNR: KAHC010366692026 NC: 2026:KHC:36471 CRL.P No. 7624 of 2026
helped accused Nos.1 and 4 to cut the stolen sandalwood tree into pieces for the purpose of sale. The petitioner has undertaken to cooperate before the trial Court and also to abide by the conditions imposed on him.
8. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.114/2025 registered by Basavanahalli Police Station, Chickmagalur District for the offences punishable under Sections 86, 87 of the Karnataka Forest Act, 1963 and Section 303(2) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
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HC-KAR
CNR: KAHC010366692026 NC: 2026:KHC:36471 CRL.P No. 7624 of 2026
b) The petitioner shall appear regularly on all the date of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed of. f) The petitioner shall appear before the Station House Officer of Basavanahalli Police Station, Chickmagalur District on every third Sunday of the month between 10.30 a.m. and 02.00 p.m. and mark his attendance regularly for a period of one year from the date of his release.
Sd/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 77/16.07