- 1 - HC-KAR CNR: KAHC010432532026 NC: 2026:KHC:40178 CRL.P No. 9122 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9122 OF 2026 BETWEEN: MOHAMMED SAQIB KHAN S/O MOULA ALI KHAN AGED ABOUT 26 YEARS R/AT NO.244, KATTIGENAHALLI VILLAGE AND POST HOSAKOTE TALUK BANGALORE RURAL BENGALURU - 652 114. …PETITIONER (BY SRI RAGHUPATHI A, ADV.) AND: THE STATE OF KARNATAKA BY BANGARPET.POLICE STATION K.G.F. KOLAR DIST. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT AN ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN C.C.NO.844/2026 FILED BY THE RESPONDENT POLICE FOR THE ALLEGED OFFENCE P/US/ 303(2) OF BNS 2023 AND SEC.86,87 OF KARNATAKA FOREST ACT R/W RULES 144,145 OF KARNATAKA FOREST RULES 1960 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT BANGARPET. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010432532026 NC: 2026:KHC:40178 CRL.P No. 9122 of 2026 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.4 in Crime No.1/2026 registered by Bangarpet Police Station, KGF, for the offences punishable under Section 303(2) of BNS, 2023, Sections 86 and 87 of the Karnataka Forest Act, 1963 and Sections 144 and 145 of the Karnataka Forest Rules, 1963 is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.1/2026 was registered by Bangarpet Police Station, KGF, for the aforesaid offences against unknown persons based on the first information dated 01.01.2026 received from Dayanand, police officer attached to Bangarpet Police Station. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.269/2026, which was dismissed on 10.04.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010432532026 NC: 2026:KHC:40178 CRL.P No. 9122 of 2026 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner's name is not found in the FIR and he has no other criminal antecedents. Only based on the confession statement of other accused, he is now arraigned as an accused in the present case. Investigation of the case is already completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that 22 kgs of sandalwood billets have been seized in the present case and petitioner was one amongst the four, who had escaped from the spot on the alleged date of incident. Accordingly, he prays to dismiss the petition. 6. In the first information dated 01.01.2026 submitted by police officer attached to Bangarpet Police Station, he has stated that on 01.01.2026 at about 04.45 p.m., four people were found suspiciously loading bags into a car and when the police approached them, they ran away. On verification, it was found that the bags, which were being loaded in the car, totally contained 22 kgs of sandalwood billets worth about - 4 - HC-KAR CNR: KAHC010432532026 NC: 2026:KHC:40178 CRL.P No. 9122 of 2026 Rs.1,76,000/-. It is under these circumstances, sandalwood billets and the Hyundai car bearing Reg.No.DL-8CAA-6805 were seized under a panchanama and FIR was registered against unknown persons. 7. During the course of investigation, some of the other accused persons were arrested, who had confessed to the crime. In their statement, they have clearly stated that petitioner was one amongst the four persons, who had ran on the alleged date of incident, abandoning the car and the sandalwood billets which were subsequently seized under a panchanama. Under the circumstances, a prima facie case is found as against the petitioner and therefore, his prayer for grant of anticipatory bail cannot be entertained. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 80