- 1 - HC-KAR NC: 2026:KHC:4589 CRL.P No. 16865 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16865 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR.ISMAIL KHAN S/O. AMANULLA KHAN, AGED ABOUT 49 YEARS, R/O BAAVAPATTANA VILLAGE, CHANNGIRI TALUK, DAVANAGERE DISTRICT - 577 213. …PETITIONER (BY SRI. K V SATEESHCHANDRA.,ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BASAVAPATTANA POLICE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577213 REPRESENTED BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SRI.HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4589 CRL.P No. 16865 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS APPLICATION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.163/2025 (BASAVAPATNA POLICE STATION) ON THE FILE OF THE COURT OF THE PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT AT CHANNAGIRI, DAVANAGERE DISTRICT FOR THE ALLEGED OFFENCES P/U/S 303(2) OF THE BNS 2023 AND SECTIONS 86 AND 87 OF THE KARNATAKA FOREST ACT, 1963 AND DIRECT THE PETITIONER BE RELEASED ON BAIL, ON SUCH TERMS AND CONDITIONS AS DEEMED FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.163/2025 of Basavapatna Police Station registered for the offences punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 86 and 87 of Karnataka Forest Act, 1963. 2. Heard the learned counsel for petitioner and learned counsel for High Court Government Pleader for respondent/State. - 3 - HC-KAR NC: 2026:KHC:4589 CRL.P No. 16865 of 2025 3. The learned counsel for petitioner would contend that the police have registered a suo motu complaint on receipt of credible information. Considering the said averments, the suo motu complaint itself indicates the name, vehicle number, and the place where he was present have all been stated, which indicates that a false complaint has been filed against the petitioner. The panchas to the mahazar have accompanied the police from the police station to the spot. The alleged incident is stated to have occurred at a bus stand, and no independent witnesses present at the bus stand have signed the mahazar. The investigation is over. Charge sheet has been filed and therefore the petitioner is not required for custodial interrogation. The three crimes registered against the petitioner as observed by the Trial Court. In the murder case, the petitioner has been acquitted, and the other theft case pertains to the year 2005. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:4589 CRL.P No. 16865 of 2025 4. Per contra, the learned High Court Government Pleader would contend that the quantity of sandalwood seized consists of 22.030 kgs of thirty sandalwood billets and 5 kgs of sandalwood pieces, making the total quantity seized 27 kgs and 50 grams. The petitioner is not pocessing any license to possess sandalwood more than 3 kgs. The petitioner is having criminal antecedents involved in three crimes. The details of the same are mentioned in paragraph 3 of the order passed by the Sessions Court. Out of them, one case is for similar offence registered under Sections 86 and 87 of Karnataka Forest Act, 1969. The petitioner is in the habit of committing similar offence. If he is granted bail, there are chances of him again committing similar offence. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:4589 CRL.P No. 16865 of 2025 6. On receipt of credible information, a case has been registered against the petitioner in Crime No.163/2025 for the aforesaid offences. On conducting a raid, the petitioner was found possessing sandalwood billets and pieces, the total weight of which is 27.050 kgs, and the same were seized under a mahazar. Merely because the certificate issued by the competent authority mentions a quantity of sandalwood that is lesser than the quantity seized, at this stage it cannot be said that there is any contradiction with regard to the quantity seized. The petitioner is having criminal antecedents. He is involved in the following cases. 1) Cr.No.98/2025 Basavapattna P.S for the offences punishable U/Sec.86 and 87 of Karnataka Forest Act. 2) Cr.No.246/2025 U/Sec.379 of IPC by the Town P.S., Davanagere. 3) Cr.No.118/2021 by the Basavapattna P.S pertaining to the murder. 7. Out of the said three cases, one case pertains to a similar offence under Sections 86 and 87 of the - 6 - HC-KAR NC: 2026:KHC:4589 CRL.P No. 16865 of 2025 Karnataka Forest Act, 1969, and the said offence is of the year 2025. Considering the same, it is clear that the petitioner is having criminal antecedents and in the habit of committing similar offences after the grant of bail. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend to ten years. 8. Considering the above aspects, the petitioner has not made out any ground for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 17