IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.737 OF 2021 BETWEEN:

THE STATE OF KARNATAKA BY EXTENSION POLICE, CHITRADURGA, REP. BY STATE PUBLIC PROSECUTOR, BENGALURU-560001.

…APPELLANT (BY SRI. B.LAKSHMAN, HCGP)

AND:

Digitally signed by JAI JYOTHI J Location: High Court of 1. JAGADISHA Karnataka S/O DODDA PAPANNA, AGED ABOUT 39 YEARS, CHIKKAREVU VILLAGE, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573201.

2. RENUKUMAR S/O CHIKKE GOWDA, AGED ABOUT 50 YEARS, DRIVER AND OWNER OF TATA ACE BEARING NO.13/A-2476, R/O HEGGATTA VILLAGE, GANDSI HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573201.

…RESPONDENTS (BY SRI. R.SHASHIDHARA, ADV. FOR R1;

SRI. UMESH.P.B., ADV. FOR SRI. R.B.DESHPANDE, ADV. FOR R2)

THIS CRL.A IS FILED U/S.378(1)(3) OF CR.P.C PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 09.03.2020 PASSED IN S.C.NO.77/2018 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, THEREBY ACQUITTING THE ACCUSED NO.1 AND 2/RESPONDENTS FOR THE OFFENCES P/U/S 86, 87 OF THE KARNATAKA FOREST ACT AND EC.379 OF IPC AND ETC.

THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

JUDGMENT

The State has preferred this appeal against the judgment of acquittal passed by the Principal District and Sessions Judge, Chitradurga in S.C.No.77/2018 dated 09.03.2020.

2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.

3. The brief facts leading to this appeal are that the Police Sub-Inspector, Extension police station, Chitradurga filed charge sheet against accused Nos.1 and 2 for the offences under Sections 86 and 87 of the Karnataka Forest Act, 1963 and Section 379 of IPC.

4. It is alleged by the prosecution that on 30.06.2017 at about 05.30 p.m., when CW.1-K.S.Shyamasundar Prasad, P.S.I. and his staff were patrolling near Naveen Lodge on service road, NH-4, Chitradurga, at that time, a Tata Ace vehicle bearing No.KA-13/A-2476 came towards Chitradurga from Hiriyuru side. After seeing CW.1 and his staff, the driver of the vehicle started driving the vehicle speedily. After suspecting, they succeeded to stop it and on enquiry, they found sandalwood billets. After apprehending the accused, they were interrogated and it was revealed that three months prior to transportation, they cut and removed sandalwood trees in forest area situated near Gandasi Village, Channarayapattanna Taluk, Hassan District and stocked it in their house. Later, when they were transporting the same for sale, they were apprehended in the presence of panchas. CW1 counted the billets and found that the same were weighing 135 kgs. The accused cut and removed the sandalwood trees at Kurikaval Forest area of Gandasi Village and were transporting without having any valid license or permit. Accordingly, he recovered it, arrested accused Nos.1 and 2, brought them to the police station and handed over the panchanama, report, property and the accused 1 and 2 to the S.H.O., who after receipt of report from CW1, registered the case in Crime No.51/2017 and accused Nos.1 and 2 were enlarged on bail.

5. After investigation, Investigating Officer has submitted the charge sheet against accused Nos.1 and 2 for the offences under Sections 86 and 87 of the Karnataka Forest Act, 1963 and Section 379 of IPC. After filing the charge sheet, the case was committed to the Court of Sessions and registered in S.C.No.77/2018.

6. On hearing, the trial Court has framed the charges for the commission of alleged offences. Same was read over and explained to the accused. Having understood the same, accused pleaded not guilty and claimed to be tried.

7. To prove the guilt of the accused persons, prosecution has examined 10 witnesses as PWs.1 to 10 and 17 documents are marked as Exs.P1 to P17. Material objects are marked as MO.1 to MO.1(c).

8. On closu