Anticipatory bail may be granted where the investigation is completed, contraband is already recovered, and the accused lacks prior criminal antecedents.

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ANTICIPATORY BAIL TO THE PETITIONER FOR THE OFFENCES P/U/S 62, 71A, 84, 86, 87 OF KARNATAKA FOREST ACT AND IN CONTRAVENTION OF RULE 144, 154, 165 AND Karnataka Forest Rules 1969 IN FOREST OFFENCES CASE (FOC) NO.2/2025-26 DATED 25.06.2025 REGISTERED BY THE RANGE FOREST OFFICER HUNSUR NOW PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC HUNSUR BY ALLOWING THIS PETITION AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.3 in FOC No.2/2025-26 registered by the Range Forest Officer, Hunsuru, Mysuru District, for offence punishable under Sections 62, 71(A), 84, 86, 87 of Karnataka Forest Act and Rules 144, 154, 165 of Karnataka Forest Rules, is before this Court in this petition filed under Section 482 of Bhartiya Nyaya Sanhita, 2023 , seeking anticipatory bail.

2. Heard learned Counsel for the petitioner and learned High Court Government Pleader appearing on behalf of the respondent-State.

3. It is the case of the prosecution that based on credible information received, they had intercepted a motorbike on 25.06.2025 in which three persons were traveling. After seeing the Officers, two of them managed to escape and the person who was riding the motorbike was arrested and from his possession 11 billets of sandalwood totally weighing 3 kgs. 530 gms. was recovered and FIR was registered against three persons. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.5181/2025 which was rejected by jurisdictional Sessions Court on 24.07.2025. Therefore, he is before this Court.

4. Perusal of the material on record would go to show that based on credible information, the Range Forest Officer, Hunsur had intercepted the motorbike bearing No.KA-55-EC-7992 in which three persons were allegedly traveling. The rider of the motorbike Thimmaiah, S/o Sakaiah, who is arrayed as accused No.1 in the present case was apprehended and found to be in possession of 11 sandalwood billets totally weighing 3 kgs. 350 gms., which have been recovered. Accused Nos.2 and 3 are said to be the persons who allegedly managed to run away from the spot after seeing the Officers. Undisputedly, they were not carrying anything while they ran away from the spot. Therefore, it is apparent that the Forest Officers have already recovered the stolen sandalwood billets which were being transported by the accused persons on the alleged date of incident. Accused No.1 who was arrested in the present case has been now granted regular bail. Undisputedly, petitioner has no other criminal antecedents and it is only based on the confession statement of accused No.1, he has been arrayed as accused No.3 in the present case. Investigation of the case is completed and charge sheet has been filed.

5. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to certain conditions. Accordingly, the following:

ORDER

The petition is allowed.

The respondent-Police or any other Police in the State of Karnataka is directed to release the petitioner in the event of his arrest in FOC No.2/2025-26 registered by Range Forest Officer, Hunsuru, Mysuru District, for offence punishable under Sections 62, 71(A), 84, 86, 87 of Karnataka Forest Act and Rules 144, 154, 165 of Karnataka Forest Rules, 1969 subject to the following conditions:

1. The petitioner shall appear before the concerned Court 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.50,000/- (Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Cour