- 1 - HC-KAR NC: 2026:KHC:13966 CRL.P No. 1807 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1807 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SYED ARBAZ, S/O. SYED MUKTHIYAR, AGED ABOUT 25 YEARS, 2. AFRID SHARIEF S/O MAHABOOB JAN, AGED ABOUT 26 YEARS, BOTH ARE R/AT NEAR MADEENA MASID, BISMILLA NAGAR, KATTIGENAHALLI VILLAGE AND POST, BENGALURU RURAL, BENGALURU DISTRICT-562114. …PETITIONERS (BY SRI. CHETHAN A.,ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13966 CRL.P No. 1807 of 2026 AND: STATE OF KARNATAKA BY BANGARPET POLICE STATION, KOLAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON REGULAR BAIL IN CRIME NO.1/2026 OF BANGARPET POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 303(2) OF BNS AND SECTIONS 86, 87 OF KARNATAKA FOREST ACT 1963 READ WITH SECTIONS 144, 145 OF KARNATAKA FOREST RULES, PENDING BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, AT BANGARPET. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:13966 CRL.P No. 1807 of 2026 ORAL ORDER 1. The petitioners are accused Nos.1 and 2 in Crime No.1/2026 of Bangarpet Police Station for the offences punishable under Sections 303(2) of Bharatiya Nyay Sanhita, 2023 and Sections 86, 87 of Karnataka Forest Act, 1963 read with Sections 144, 145 of Karnataka Forest Rules pending on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC Court, Bangarpet. The petitioners have sought for regular bail. 2. The case of the prosecution is that the complainant was working as a police officer at Bangarpet filed the complaint stating that on 01.01.2026 at about 04.45 p.m., the crime branch staff were on patrolling duty on account of new year celebration. They had received an information that some four persons were loading wooden pieces in two plastic bags into the car. Suspecting the same, the complainant went near the railway station, and enquired the said four persons about the items found in the gunny bags. Immediately the said four persons left - 4 - HC-KAR NC: 2026:KHC:13966 CRL.P No. 1807 of 2026 the car, and ran away, and escaped from there. After informing the staff and others, the complainant checked the car, and found the bed sheet, sweater and two plastic gunny bags. When it was opened, it contained seven sandalwood pieces in one gunny bag and fourteen sandalwood pieces in another gunny bag. It was total weighing 22 kgs worth of ₹1,76,000/- and also seized one Hyundai i10 car worth of ₹1,50,000/-. 3. On the basis of the complaint, the respondent/police registered the case for the offences as stated supra. 4. The submission of the learned counsel for the petitioners is that petitioners are the innocent of the alleged offences, and they have been falsely implicated in this case. The petitioners are not owner of the car, and there is no nexus between the car, and the sandalwood pieces with the petitioners. In fact, FIR has been lodged against unknown persons. Thereafter, on the basis of the - 5 - HC-KAR NC: 2026:KHC:13966 CRL.P No. 1807 of 2026 voluntary statement, the accused came to be arrested. They have been falsely implicated in this case. The petitioners were arrested on 03.01.2026. In fact, the petitioners were not aware about the said sandalwood found in the said car. Therefore, they may be enlarged on bail by imposing suitable conditions by this Court. They would abide by the conditions imposed by this Court in the event of their release on bail. 5. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the investigation is under progress. The evidence of the material witnesses has been recorded. The offences mentioned in the FIR are punishable with imprisonment for a period of ten years and also fine. Such being the fact, it is not appropriate to grant them bail. Making such submission, he prayed to reject the petition. - 6 - HC-KAR NC: 2026:KHC:13966 CRL.P No. 1807 of 2026 6. Heard the learned counsel for the respective parties, and perused the averments of the complaint and remand application. 7. It appears from the record that the complainant himself had gone to the spot where he had received the information that some unknown persons were loading the items stored in the gunny bags into the car. Thereafter, he went to this spot and enquired the four persons as to what was the material, which was being stored in the said car. On hearing the said voice of police, the said four persons ran away from the spot. Thereafter, he called them to stop and conducted search and seizure of the said car. According to the complainant, there were 22 kgs. of sandalwood pieces found in the said car. However, the presence of the present petitioners was not on the spot. It appears that, they have been implicated in this case only on the strength of the statement of the co-accused. Having considered the facts and circumstances of the case and also the gravity thereof, it is appropriate to grant - 7 - HC-KAR NC: 2026:KHC:13966 CRL.P No. 1807 of 2026 them bail by imposing suitable conditions that will take care of the apprehension of the prosecution. Hence, I proceed to pass the following. ORDERS i) The petition is allowed ii) The petitioners are ordered to be enlarged on bail in Crime No.1/2026 of Bagarpet Police Station for the offences punishable under Sections 303(2) of Bharatiya Nyay Sanhita, 2023 and Sections 86, 87 of Karnataka Forest Act, 1963 read with Sections 144, 145 of Karnataka Forest Rules pending on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC Court, Bangarpet, on executing personal bond in a sum of Rs.1,00,000/- each with one surety each for the like sum to the satisfaction of the Trial Court. (iii) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 8 - HC-KAR NC: 2026:KHC:13966 CRL.P No. 1807 of 2026 (iv) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioners shall not involve in any criminal cases in future till disposal of the case. In case, the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail granted to them. Sd/- (S RACHAIAH) JUDGE RK/BKM List No.: 1 Sl No.: 43