IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 16260 OF 2025

[(439(Cr.PC) / 483(BNSS)]

BETWEEN:

CHANDRA NAIKA

S/O LATE THAVARE NAIKA,

AGED ABOUT 55 YEARS,

OCC: COOLIE,

R/O. YELEGERE VILLAGE, TARIKERE TALUKA,

CHIKKAMAGALURU DISTRICT - 577 228.

…PETITIONER

(BY SRI. P.B. UMESH, ADVOCATE FOR

SRI. RAVINDRA B.DESHPANDE, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY

TARIKERE TOWN POLICE STATION,

TARIKERE SUB-DIVISION,

Digitally signed by

CHIKKAMAGALURU DISTRICT -577 228.

LAKSHMINARAY ANA

MURTHY RAJASHRI (REPRESENTED BY STATE PUBLIC PROSECUTOR,

Location: HIGH

COURT OF HIGH COURT BUILDINGS,

KARNATAKA

BENGALURU-560 001.)

…RESPONDENT

(BY SRI. M.R. PATIL, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED

UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.226/2025 OF TARIKERE TOWN POLICE STATION (REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 303(2) OF BNS-2023 (CORRESPONDING PROVISION: SECTION 379 OF IPC) AND

SECTIONS 86 AND 87 OF KARNATAKA FOREST ACT, 1963, NOW PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE, CHIKKAMAGALURU DISTRICT.

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

483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.226/2025 of Tarikere Town Police Station, registered for offences punishable under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 86 and 87 of Karnataka Forest Act, 1963.

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent -

State.

3. Learned counsel for petitioner would contend that, the petitioner was found possessing sandalwood pieces weighing 2 kgs. 634 grams and the same have been supplied to him by accused No.1 for sale. Learned counsel for petitioner further sumbits that, as per second proviso to Section 87 of Karnataka Forest Act, a person can possess up to 3 kgs. of sandalwood for his domestic use. The petitioner is in custody since 19.10.2025 and therefore, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With these he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, accused No.1 is still absconding and if the petitioner is granted bail, there is a difficulty to secure accused No.1. The investigation is in progress. The offence alleged against the petitioner is punishable with imprisonment for ten (10)

years. With these, he prayed for dismissal of the petition.

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

6. On perusal of averments of the complaint indicate that, the petitioner was found possessing sandalwood pieces weighing 2 kgs. 634 grams. The said sandalwood pieces stated to have been handed over to the petitioner by accused No.1 for sale. The said sandalwood pieces have been seized under mahazar. The petitioner is in custody since 19.10.2025 and as the major portion of investigation is over, the petitioner is not required for further custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life.

7. Considering all the above aspects, the petitioner has made out a case for grant bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted bail in Crime No.226/2025 of Tarikere Town Police Station, subject to following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court.

ii) The petitioner shall cooperate with the Investigating Officer in further investigation