IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 15901 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. MASTHI @ MASTHAIAH

S/O LATE AYYA

AGED ABOUT 29 YEARS

R/AT: CHANDANAGIRI HAADI

NERALAKUPPE POST, HANAGODU HOBLI

HUNSUR TALUK, MYSURU DIST. 571 105.

…PETITIONER

(BY SRI PRITHVI RAJ B N, ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY RANGE FOREST OFFICER KACHUVEENAHALLI RANGE

WILDLIFE RANGE, HUNSUR TALUK

Digitally signed by

LAKSHMINARA YANA MYSURU DIST. 571 118.

MURTHY RAJASHRI

Location: HIGH

COURT OF REP. BY S.P.P. KARNATAKA HIGH COURT

KARNATAKA

BANGALORE-560 001.

…RESPONDENT

(BY SRI HARISH GANAPATHY, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S

482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER BY DIRECTING THE RESPONDENT TO RELEASE THE PETITIONER (ACCUSED No.2) ON BAIL IN THE EVENT OF HIS ARREST IN FOC No.4/2025-26, FOR THE OFFENCES

PUNISHABLE UNDER SECTION 62,84,85,86,87 OF KARNATAKA FOREST ACT, 1963 R/W RULE 154,144,165 OF KARNATAKA FOREST RULES, 1969, REGISTERED BY RANGE FOREST OFFICER, WILDLIFE RANGE, 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.2 under Section

482 of BNSS praying to grant anticipatory bail in FOC No.4/2025-26, registered by the Range Forest Officer, Wildlife Range, Hunsur, registered for offences under Sections 62, 84, 85, 86, 87 of Karnataka Forest Act, 1963 read with Rules 154, 144, 165 of Karnataka Forest Rules, 1969.

2. Heard learned counsel for petitioner and learned HCGP for respondent/State.

3. Learned counsel for petitioner would contend that the petitioner came to be implicated as accused No. 2 only on the statement made by the accused No.1. There is no recovery of any article from the house of this petitioner.

The petitioner has been falsely implicated. The petitioner is ready to co-operate with the Investigating Officer in the investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner.

With this, he prayed to allow the petition.

4. Per contra, learned HCGP would contend that accused No.1 who has been secured on the spot has revealed the name of the petitioner as the person who ran away from the spot. Accused No.1 is in judicial custody. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused FIR, complaint and other materials placed on record.

6. On perusal of the averments of the complaint, the forest officials found 3 persons involved in cutting of a sandalwood tree and when they chased, two persons were caught and one person ran away. Accused No.1 disclosed the name of the person who ran away as the petitioner. 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.

7. The name of this petitioner has been shown as accused No. 2 only on the basis of statement made by accused No.1. Whether this petitioner is involved in commission of the offence alleged is a matter of investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment. There are no criminal antecedents of the petitioner.

8. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following:

ORDER The petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, in FOC No.4/2025-26 registered by the Range Forest Officer, Wild Range, Hunsur, subject to following conditions:

1. The petitioner shall voluntarily appear before the IO within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees one lakh only) wi