- 1 - HC-KAR NC: 2026:KHC:8228 CRL.P No. 16487 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16487 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHIVA KALLURA S/O SHANKARA AGED ABOUT 32 YEARS R/AT CHANDANAGIRI HAADI NERALAKUPPE POST HANAGODU HOBLI, HUNSUR TALUK MYSURU DIST.-571 105 …PETITIONER (BY SRI. PRITHVI RAJ B.N, ADVOCATE) AND: STATE OF KARNATAKA BY RANGE FOREST OFFICER KACHUVEENAHALLI RANGE WILDLIFE RANGE, HUNSUR TALUK MYSURU DIST.-571 118 REP. BY S.P.P. KARNATAKA HIGH COURT BANGALORE-560 001 …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NUMBER FOC NO.04/2025- 26 REGISTERED BY RANGE FOREST OFFICER KACHUVEENAHALLI RANGE HUNSUR FOR THE OFFENCES Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8228 CRL.P No. 16487 of 2025 PUNISHABLE UNDER SECTIONS 62, 84, 85, 86, 87 OF KARNATAKA FOREST ACT 1963 R/W RULE 154, 144, 165 OF KARNATAKA FOREST RULES 1969, WHICH IS PENDING TRIAL BEFORE VIII ADDL.DISTRICT AND SESSIONS JUDGE AT MYSURU SITTING AT HUNSUR. 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 accused No.1 under Section 483 of BNSS praying to grant bail in FOC No.4/2025-26 registered by the Range Forest Officer, Wildlife Range, Hunsur, registered for offences punishable under Sections 62, 84, 85, 86, 87 of the Karnataka Forest Act, 1963 read with Rules 154, 144, 165 of Karnataka Forest Rules, 1969. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State. 3. Learned counsel for the petitioner would contend that the accused No.2 who is similarly placed to that of this petitioner has been granted anticipatory bail by this Court in Criminal Petition No.15901/2025 by order - 3 - HC-KAR NC: 2026:KHC:8228 CRL.P No. 16487 of 2025 dated 06.01.2025. The petitioner is in judicial custody since 28.09.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. The maximum sentence that can be imposed imprisonment which may extend upto 10 years. There are no criminal antecedents of the petitioner. With this, he prays to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that this petitioner has been caught red handed in the midnight while he was cutting the sandalwood trees. The offence alleged against the petitioner is provided with minimum sentence of 05 years imprisonment, which may extend upto 10 years and fine of Rs.50,000/-. If the petitioner is granted bail, there are chances of him committing similar offence. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:8228 CRL.P No. 16487 of 2025 5. Having heard learned counsels, the Court has perused FIR, complaint, charge sheet and other materials placed on record. 6. The charge sheet indicates that forest officials found three persons involved in cutting of sandalwood tree and when they chased, two persons were caught and one person ran away. The petitioner who was caught disclosed the name of the person who ran away and he is accused No.2. The forest officials have seized 24.5 kg of sandalwood root and stem and 6.6 kg of sandalwood billet from the spot along with other articles used for cutting the tree. Now, investigation is over and charge sheet has been filed. The petitioner is in judicial custody since 28.09.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The maximum sentence that can be imposed is imprisonment which may extend upto 10 years. There are no criminal antecedents of the petitioner. - 5 - HC-KAR NC: 2026:KHC:8228 CRL.P No. 16487 of 2025 Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.1 is granted bail in FOC No.4/2025-26 registered by the Range Forest Officer, Wildlife Range, Hunsur, subject to following conditions: a) The petitioner –accused No.1 shall execute a bail bond for a sum of Rs.1,00,000/- with one surety for like sum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2026:KHC:8228 CRL.P No. 16487 of 2025 c) The petitioner –accused No.1 shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 73