1.

Accused in FOC.No.14/23-24 registered by the Range

Forest Officer, Sringeri Range, for the offences punishable

under Sections 62, 80, 104(A) of the Karnataka Forest Act,

1963, and Rules 144, 165 of the Karnataka Forest Rules, 1969,

is before this Court under Section 438 Cr.PC.

2.

Heard the learned Counsel for the parties.

3.

The complainant on credible information that a person by

name Umesh resident of Chittamakki of Belavinakodige village

had stocked wood billets illegally, on 14.06.2023 had raided the

house of the petitioner and found illegal storage of 13 jack fruit

wood billets, 21 hottale wood billets and 10 beete wood billets.

The petitioner was not found in the said house. The wood billets

found in the property of the petitioner was seized under a

mahazar, and thereafter, complaint was lodged. Apprehending

arrest

in

the

said

case,

petitioner

had

filed

Crl.Misc.No.473/2023 before the Prl. District & Sessions Judge,

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Chikkamagaluru, which was dismissed on 03.07.2023. It is

under these circumstances, petitioner is before this Court.

4.

Learned Counsel for the petitioner submits that the

petitioner is innocent of the alleged offences. He submits that

there is no allegation that the petitioner had cut and removed

the standing trees illegally, and therefore, Section 104(A) of

the Karnataka Forest Act, would not be applicable. In support

of this argument, he has placed reliance on the order passed by

the coordinate bench of this Court in Crl.P.No.8165/2013 (Sri

Bhagavan Kantharaj vs The State of Karnataka) disposed of on

26.12.2013.

5.

Per contra, learned HCGP has opposed the petition and

contends that the investigation in the case is under progress

and petitioner custodial interrogation is necessary, and

accordingly, prays to dismiss the petition.

6.

As per the complaint averments, when the forest officials

raided the property of the petitioner, they had found 13 jack

fruit wood billets, 21 hottale wood billets and 10 beete wood

billets. The beete wood billets were found at a distance from

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the house of the petitioner, whereas the other wood billets

were found in a shed near the house of the petitioner.

7.

This Court in Crl.P.No.8165/2013 supra has held that

mere possession per se cannot be said to be an offence

committed by any person. Section 104(A) prohibits cutting,

felling, selling or transporting of any black-wood or beete tree

or timber thereof standing on his land except in accordance

with the provisions of the Rules, and therefore, mere

possession is not sufficient to attract Section 104(A). It is in

this background, anticipatory bail was granted by the

coordinate bench of this Court in Crl.P.No.8165/2013 to the

accused who was accused of storing wooden billets in his

property.

8.

Learned Counsel for the petitioner has submitted that the

petitioner has no criminal antecedents and this submission is

not seriously disputed by the learned High Court Government

Pleader for respondent-State. The wooden billets found in the

property of the petitioner have been already seized under the

mahazar by the complainant. Under the circumstances, I am of

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the view that the petitioner has made out a prima facie case for

grant of anticipatory bail.

9.

The petition is allowed. The respondent - Police or any

other police in the State of Karnataka are directed to release

the petitioner in the event of his arrest in FOC.No.14/23-24

registered by the Range Forest Officer, Sringeri Range, for the

offences punishable under Sections 62, 80, 104(A) of the

Karnataka Forest Act, 1963, and Rules 144, 165 of the

Karnataka Forest Rules, 1969, subject to the following

conditions:

1. The Petitioner shall appear before the

Investigating Officer within 15 days from the date

of receipt of the copy of this order and shall

execute a personal bond for a sum of Rs.1,00,000/-

with two sureties for the likesum to the satisfaction

of the investigating officer.

2. Petitioner shall regularly appear before the

Trial Court without fa