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2026 DAILYLAW 31031 (KAR)

MR C ABHINAV SHARMA v. STATE BY R T NAGARA P S

CRL.P/6888/2026 · 2026-07-27

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010329902026 NC: 2026:KHC:38703 CRL.P No. 6888 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6888 OF 2026 BETWEEN: 1. MR. C. ABHINAV SHARMA S/O PRASADA RAO, AGED ABOUT 27 YEARS, R/AT NO.306, PAVANI NIVAS OF MAIN BAZAR, BOYALA CHIRUVELLA, MAHIMALUR, NELLORE DISTRICT, ANDRA PRADESH - 524 307. 2. MR. SHAIK VAJID S/O KHADAR BASHA, AGED ABOUT 36 YEARS, R/O MEDHARA STREET, ATMAKURU MANDALAM, NELLORE, ANDRA PRADESH - 524 322. 3. MR. DUDEKULA LALUSAHEB S/O DUDEKULA KHASIM, AGED ABOUT 33 YEARS, R/AT NO.13-1-558-1, ERANELUKOTTALA, M.G. COLONY, ANANTAPUR, ANDRA PRADESH - 515 001. …PETITIONERS (BY SRI. NAGARAJ K.G, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010329902026 NC: 2026:KHC:38703 CRL.P No. 6888 of 2026 AND: STATE BY R.T. NAGARA P.S. REP. BY HCGP/SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 009. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.132/2026 REGISTERED BY THE RESPONDENT R.T NAGAR POLICE FOR THE OFFENCES P/U/S 62 AND 87 OF THE KARNATAKA FOREST ACT, 1963 AND SEC. 144 OF THE KARNATAKA FOREST RULES BEFORE THE VIII ACJM, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 3 are before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail in Crime No.132/2026 registered by R.T. Nagar Police Station, Bengaluru City for the offences - 3 - HC-KAR CNR: KAHC010329902026 NC: 2026:KHC:38703 CRL.P No. 6888 of 2026 punishable under Section 87 and 62 of Karnataka Forest Act, 1963 and under Section 144 of Karnataka Forest Rules. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.132/2026 was registered by R.T. Nagar Police Station, Bengaluru City for the aforesaid offence against three unknown persons, based on the first information dated 21.04.2026 received from Renukanaya H.C., Police Officer attached to R.T.Nagar Police Station, Bengaluru. In the said case, the petitioners herein were arrested on 21.04.2026 and remanded to judicial custody on 22.04.2026. Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.4042/2026 was rejected on 02.05.2026. Therefore, they are before this Court. 4. Learned counsel for the petitioner submits that petitioners are in custody from 22.04.2026 onwards. Till - 4 - HC-KAR CNR: KAHC010329902026 NC: 2026:KHC:38703 CRL.P No. 6888 of 2026 date charge sheet has not been filed. Therefore, they are entitled for statutory bail. 5. Learned High Court Government Pleader who has appeared on behalf of the respondent does not dispute the submissions made by the learned counsel for the petitioner and on instructions, submits that the charge sheet is not filed as on this date. 6. The submissions made by the learned counsel for the petitioner and the learned High Court Government Pleader are placed on record. 7. Section 187 (3) of BNSS, 2023 reads as follows: " The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding- (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more; - 5 - HC-KAR CNR: KAHC010329902026 NC: 2026:KHC:38703 CRL.P No. 6888 of 2026 (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter." 8. Petitioners who are arrested in the present case on 21.04.2026 were produced before the Court and remanded to judicial custody on 22.04.2026. 9. It is not in dispute that as on this date, the charge sheet has not been filed in the present case. Therefore, as a matter of right, the petitioners are entitled to be enlarged on bail by virtue of Section 187(3) of BNSS, 2023. Under the circumstances, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively. According, the following: - 6 - HC-KAR CNR: KAHC010329902026 NC: 2026:KHC:38703 CRL.P No. 6888 of 2026 O R D E R The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.132/2026 registered by R.T. Nagar Police Station, Bengaluru City for the offences punishable under Section 87 and 62 of Karnataka Forest Act, 1963 and under Section 144 of Karnataka Forest Rules, subject to the following conditions: a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR CNR: KAHC010329902026 NC: 2026:KHC:38703 CRL.P No. 6888 of 2026 d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 72