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2026 DAILYLAW 34873 (KAR)

STATE OF KARNATAKA BY v. VISHNU U

CRL.P/737/2021 · 2026-08-07

Ravi V Hosmani

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010031832021 NC: 2026:KHC:42476 CRL.P No. 737 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 737 OF 2021 BETWEEN: STATE OF KARNATAKA BY RANGE FOREST OFFICER ANANDAPURA RANGE, SAGARA TALUK SHIVAMOGGA DISTRICT - 577 201 REP. BY STATE PUBLIC PROSECUTOR. …PETITIONER (BY SRI. P. MAHESHA, HCGP) AND: VISHNU U S/O UMESH AGE ABOUT 23 YEARS R/AT CHANNASHETTIKOPPA ANANDAPURA HOBLI, SAGARA TALUK - 577 401. …RESPONDENT (RESPONDENT - SERVED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 04.01.2019 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT SAGAR IN CRL.A.NO.10022/2018. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010031832021 NC: 2026:KHC:42476 CRL.P No. 737 of 2021 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 04.01.2019 passed by learned V Additional District and Sessions Judge, Shivamogga, Sitting at Sagar, in Crl.A.no.10022/2018 filed under Section 71D of Karnataka Forest Act, 1963, this petition is filed by State. 2. Sri P.Mahesha, learned HCGP for petitioner-state submitted that main ground of challenge is that seizure of vehicle was for offences punishable under Karnataka Forest Act, 1963 (Act) and Karnataka Forest Rules, 1969 (Rules). It was submitted, conditions imposed in impugned order do not conform to minimum conditions prescribed under Act and Rules. It was submitted, said issue was squarely covered by decision of this Court in Crl.P no.3801/2019 [2026:KHC:31770] wherein this Court modified order and added conditions to bring it in conformity with Rule 43(8) of Rules. On said ground, prayed for allowing petition. 3. Respondent is served but unrepresented. - 3 - HC-KAR CNR: KAHC010031832021 NC: 2026:KHC:42476 CRL.P No. 737 of 2021 4. On perusal of order impugned as well as referring to provisions of Act and Rules and decision of this Court in Crl.P no.3801/2019, I find force in contention of learned HCGP. 5. Following above decision, petition is allowed. Order dated 04.01.2019 passed by learned V Additional District and Sessions Judge, Shivamogga, Sitting at Sagar, in Crl.A.no.10022/2018, is modified by adding condition as follows: Respondent-accused is required to furnish a renewable bank guarantee equal to double value of vehicle as mentioned in seizure panchanama, value assessed or mentioned in surety bond filed by respondent-accused or insured declared value in insurance policy for relevant period whichever is higher. Said condition shall be in addition to conditions imposed and complied within two months of date of receipt of certified copy or within such period as may be extended by learned District Judge. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 25