THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.15/2026 OF KUDUR POLICE STATION, FOR OFFENCE P/US/ 303(2) OF BNS 2023 AND U/S.86,87 OF KARNATAKA FOREST ACT 1963, WHICH IS PENDING ON THE FILE OF THE HONBLE I ADDL CIVIL JUDGE AND JMFC AT MAGADI.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused No.1 in Crime No.15/2026 registered by Kudur Police Station, Bengaluru South, for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 86 and 87 of the Karnataka Forest Act, 1963 of IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.

3. FIR in Crime No.15/2026 was registered by Kudur Police Station, Bengaluru South, for the aforesaid offences against unknown person based on the first information dated 12.01.2026 received from A. Jayaramegowda S/o Late. Annegowda. The allegations in the first information is that on the intervening night of 11.01.2026 and 12.01.2026, some unknown persons had cut and removed about 40 sandal wood trees, which he had planted in his property situated at Yallapura Village, Magadi Taluk. During the course of investigation, the petitioner herein was arrested on 09.02.2026. After completing the investigation, charge sheet has been now filed against seven persons. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Mis.No.132/2026 was rejected on 09.03.2025. Therefore, he is before this Court.

4. The charge sheet material would go to show that on 09.02.2026, when accused Nos.1 to 3 were making efforts to transport sandal wood pieces in their two wheeler vehicle bearing registration No.KA-44-EB-9802, they were apprehended and from their possession, sandal wood pieces totally weighing 12 kgs were recovered after conducting mahazar. In the charge sheet, it is alleged that accused Nos.1 to 6 had committed the offence of cutting sandal wood trees from the property of the first informant on the intervening night of 11.01.2026 and 12.01.2026 and out of the same, major portion of the sandal wood was sold with the assistance of accused No.7.

5. Be that as it may, the fact remains that accused Nos.1 to 3 were initially apprehended in this case on 09.02.2026 and based on their confession statement, further investigation was conducted in the matter. Accused Nos.2 and 3, who are the persons with same criminal antecedents have been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.4650/2026, disposed of on 29.04.2026. The allegations found against the petitioner and accused Nos.2 and 3, who have been now granted regular bail in Crl.P.No.4650/2026 are identical. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-

6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.15/2026 registered by Kudur Police Station, Bengaluru South, for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 86 and 87 of the Karnataka Forest Act, 1963 of IPC, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of 1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court unt