IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH 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 Digitally signed by KACHUVEENAHALLI RANGE LAKSHMINARAYANA MURTHY RAJA SHRI WILDLIFE RANGE, HUNSUR TALUK Location: HIGH COURT OF MYSURU DIST.-571 118 KARNATAKA 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 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 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.

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.

Considering the above aspects, the petitioner has made out case for grant of bail with conditio