- 1 - HC-KAR CNR: KAHC010410902026 NC: 2026:KHC:39891 CRL.P No. 8723 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8723 OF 2026 BETWEEN: 1. ARUNA AGED 26 YEARS S/O BHASKAR RESIDING AT HOSANGADI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT - 576 282. 2. A.S. MAHESH BAT AGED 48 YEARS S/O SHRIPAD BHAT EDMOGE VILLAGE KUNDAPURA TALUK UDUPI DISTRICT - 576 282. …PETITIONERS (BY SRI K. PRASANNA SHETTY, ADV.) AND: STATE BY RANGE FOREST OFFICER SHANKARANARAYANA RANGE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN WLOR.NO.01/2026 REGISTERED BY THE RESPONDENT DEPARTMENT, PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND J.M.F.C COURT KUNDAPURA UDUPI DIST. FOR THE OFFENCE P/U/S 2(16),9,39,44,51,55 OF THE WILDLIFE PROTECTION ACT 1972 AND SEC.24(J) OF KARNATAKA FOREST ACT 1963. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010410902026 NC: 2026:KHC:39891 CRL.P No. 8723 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 nos.3 & 7 in WLOR No.1/2025-26 pending on the file of Principal Civil Judge and JMFC Court, Kundapara, Udupi District, for offences punishable under Sections 2(16), 9, 39, 44, 51, 55 of the Wildlife Protection Act, 1972 and Section 24(J) of the Karnataka Forest Act, 1963 are 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. It is the case of the prosecution that a carcass of a leopard was found at Dottina Beru Reserved Forest area on 04.02.2026 while the officers of the Forest Department were patrolling the said area. On verification, it was found that all the four paws of the leopard were severred and thereafter, the body was dumped in a plastic bag and disposed. It is under these circumstances, case was registered for the aforesaid - 3 - HC-KAR CNR: KAHC010410902026 NC: 2026:KHC:39891 CRL.P No. 8723 of 2026 offences in WLOR No.1 of 2025-26 on the report received from Range Forest Officer, Shankaranarayana Range, Udupi District. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.604 of 2026 before the jurisdictional Sessions Court at Udupi (sitting at Kundapur) which was rejected on 11.06.2026. Therefore, they are before this Court. 4. Material on record would go to show that, after the carcass of a leopard was found on 04.02.2026, a case for aforesaid offences was registered against unknown persons. Based on the tower locations and CDRs of the mobile phones, some of the accused were arrested on 20.04.2026 and produced before the Court. The accused, who were arrested on 20.04.2026, were all granted regular bail by the learned Magistrate on 23.04.2026. A reading of the remand application of the said accused would go to show that allegation as against the accused persons is that they were in the habit of hunting wild animals for the purpose of collecting their nails, skin etc. 5. Perusal of the material on record would go to show that, allegation as against the accused no.3 is that after the - 4 - HC-KAR CNR: KAHC010410902026 NC: 2026:KHC:39891 CRL.P No. 8723 of 2026 leopard was shot, he had cut the paws of the leopard for the purpose of its nails. The allegation as against accused no.7 is that his licensed gun was used by other accused persons to hunt the leopard. 6. During the course of investigation, accused no.4 - Manjunath was arrested in the present case and the documents made available to this Court by the learned Additional State Public Prosecutor would go to show that, the severred paws of the leopard which were buried in the property of accused no.4 were subsequently exhumed and the nails of the leopard are already recovered. Even the gun used for hunting the animal and the remaining live bullets have been recovered in the present case. 7. It is not in dispute that petitioners have no other criminal antecedent and they have undertaken to cooperate with the police for the purpose of investigation. They have been arrayed as accused nos.3 and 7 in the present case only based on the confession statement of the accused who were arrested in the present case. Under the circumstances, the following:- - 5 - HC-KAR CNR: KAHC010410902026 NC: 2026:KHC:39891 CRL.P No. 8723 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in WLOR No.1/2025-26 pending on the file of Principal Civil Judge and JMFC Court, Kundapara, Udupi District, for offences punishable under Sections 2(16), 9, 39, 44, 51, 55 of the Wildlife Protection Act, 1972 and Section 24(J) of the Karnataka Forest Act, 1963, subject to the following conditions:- 1. The petitioners/accused nos.3 and 7 shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners/accused nos.3 and 7 shall regularly appear before the Trial Court without - 6 - HC-KAR CNR: KAHC010410902026 NC: 2026:KHC:39891 CRL.P No. 8723 of 2026 fail unless exempted by the Trial Court for valid reasons. 3. The petitioners/accused nos.3 and 7 shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioners/accused nos.3 and 7 shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 51