Full Judgment Text
- 1 -
NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 3202 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. K KUMAR
S/O. JAVARAPPA AGED
ABOUT 58 YEARS
R/AT ARKAT STREET GANJAM,
SRIRANGAPATNA TOWN
MADYA DISTRICT
2. ABHISHEK
S/O. K KUMAR
AGED ABOUT 28 YEARS
R/AT ARKAT STREET GANJAM,
SRIRANGAPATNA TOWN
MADYA DISTRICT
Digitally
signed by
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of
Karnataka
…PETITIONERS
(BY SRI. LETHIF B., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY RANGE FOREST OFFICER
AND MOBILE SQUAD
MYSURU DISTRICT
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NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
REP. BY SPP,
HIGH COURT BUILDING,
BANGALORE – 560 001
…RESPONDENT
(BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
RELEASE HIM ON ANTICIPATORY BAIL IN THE EVENT OF
ARREST IN FOC NO.46/2025-26 FOR THE OFFENCE P/U/S
2(18), 71(a), 80, 84, 86, 87 OF FOREST ACT AND RULE 144,
157, 165 OF KARNATAKA FOREST RULES 1969 OF MYSURU
RANGE, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND
JMFC SRIRANGAPATNA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
1. This petition is filed by the petitioners who are
arrayed as accused Nos.1 and 2 in FOC No.46/2025-26 filed by
the respondent – Police for the offences punishable under
Section 2(18), 71(a), 80, 84, 86, 87 of Forest Act and Rule
144, 157 and 165 of Karnataka Forest Rules, 1969 of Mysuru
Range.
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NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
Factual matrix of the case:
2. The case of the prosecution is that Deputy Range
Forest Officer lodged a complaint to the Range Forest Officer on
29.01.2026 stating that the respondent had received credible
information that in front of Tippu Palace, Gumbaz Road,
Srirangapatana there are handicraft shops and also Cauvery
Silk Shop where they were selling sandalwood and red sandal
pieces and also the powder without having any license or
permit. Thereafter, on receiving the permission from the Range
Forest Officer, he and his team conducted search and seizure
and seized 35 sandal pieces weighing about 1.8 kg, 12 red
sandalwood pieces weighing about 0.9 kg and sandal powder of
about 1.5 kg which was stored in the shop without having any
license or permit. The investigation is under progress.
3. Heard Sri. Lethif B., learned counsel for the
petitioner and Sri. Rangaswamy R., learned High Court
Government Pleader for respondent.
4. Learned counsel for the petitioners submits that the
petitioners are innocent of the alleged offence. They have been
falsely implicated in this case. In fact, Section 86 of the
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NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
Karnataka Forest Act could not attract to the given set of facts
and circumstances. The shop, which the petitioners were
running is under valid licence given by the competent authority
to sell the antique craft items. The alleged seizure had not at all
taken place in the shop. The petitioners were not present at the
time when the alleged seizure had taken place.
5. The petitioners are the permanent resident of
Srirangapatna Town. They are the father and son of the same
family. They will abide the conditions imposed by this Court in
the event of their release on bail.
Per Contra
6. , learned High Court Government Pleader
for respondent – State vehemently submitted that the
petitioners were illegally selling sandalwood pieces and also the
red sandal, of which they did not have any license or permit.
The sandalwood pieces and red sandal were seized in the said
shop under the seizure mahazar. It is also an admitted fact that
both father and son were running the said shop. Therefore, it is
not appropriate to grant anticipatory bail to the petitioners.
Making such submission, he prays to reject the petition.
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NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
7. Heard the learned counsel for the respective parties
and perused the averments of the complaint. The complaint
came to be registered by DRFO stating that he had received
credible information by the informants that the petitioners were
selling the sandalwood pieces and red sandal to the customers.
The complainant along with others went to the spot and it is
stated that they had seized the sandalwood pieces and also the
red sandal pieces. However, there is no whisper regarding the
presence of the petitioners in the said shop at the time of
alleged search and seizure which had taken place.
8. Having considered the facts and circumstances of
the case, it is appropriate to grant bail by imposing suitable
conditions.
9. Hence I proceed to pass the following:
ORDER
allowed.
(i) This Criminal Petition is
(ii) The petitioners are ordered to be
enlarged on bail in the event of their arrent in
FOC No.46/2025-26 filed by the respondent –
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NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
Police, on executing a personal bond for a sum
of Rs.1,00,000/- (Rupees One Lakh only) each,
with one surety each for the like sum to the
satisfaction of the Trial Court.
(iii) The petitioners shall appear before the
Investigating Officer within one month from
today to execute personal bond and to furnish
surety.
(iv) The petitioners shall co-operate with
the investigation till filing of the final report.
(v) The petitioners shall not threaten or
tamper the prosecution witnesses nor hamper
the proceedings of the Court.
(vi) The petitioners shall appear before the
Trial Court on all hearing dates, without fail.
(vii) The petitioners shall not indulge in
any criminal cases till disposal of the case.
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NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
In case, if, the petitioners violates any of the bail
conditions as stated above, liberty is reserved to the
prosecution to file necessary application for cancellation of bail.
Sd/-
(S RACHAIAH)
JUDGE
NM
NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 3202 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. K KUMAR
S/O. JAVARAPPA AGED
ABOUT 58 YEARS
R/AT ARKAT STREET GANJAM,
SRIRANGAPATNA TOWN
MADYA DISTRICT
2. ABHISHEK
S/O. K KUMAR
AGED ABOUT 28 YEARS
R/AT ARKAT STREET GANJAM,
SRIRANGAPATNA TOWN
MADYA DISTRICT
Digitally
signed by
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of
Karnataka
…PETITIONERS
(BY SRI. LETHIF B., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY RANGE FOREST OFFICER
AND MOBILE SQUAD
MYSURU DISTRICT
- 2 -
NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
REP. BY SPP,
HIGH COURT BUILDING,
BANGALORE – 560 001
…RESPONDENT
(BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
RELEASE HIM ON ANTICIPATORY BAIL IN THE EVENT OF
ARREST IN FOC NO.46/2025-26 FOR THE OFFENCE P/U/S
2(18), 71(a), 80, 84, 86, 87 OF FOREST ACT AND RULE 144,
157, 165 OF KARNATAKA FOREST RULES 1969 OF MYSURU
RANGE, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND
JMFC SRIRANGAPATNA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
1. This petition is filed by the petitioners who are
arrayed as accused Nos.1 and 2 in FOC No.46/2025-26 filed by
the respondent – Police for the offences punishable under
Section 2(18), 71(a), 80, 84, 86, 87 of Forest Act and Rule
144, 157 and 165 of Karnataka Forest Rules, 1969 of Mysuru
Range.
- 3 -
NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
Factual matrix of the case:
2. The case of the prosecution is that Deputy Range
Forest Officer lodged a complaint to the Range Forest Officer on
29.01.2026 stating that the respondent had received credible
information that in front of Tippu Palace, Gumbaz Road,
Srirangapatana there are handicraft shops and also Cauvery
Silk Shop where they were selling sandalwood and red sandal
pieces and also the powder without having any license or
permit. Thereafter, on receiving the permission from the Range
Forest Officer, he and his team conducted search and seizure
and seized 35 sandal pieces weighing about 1.8 kg, 12 red
sandalwood pieces weighing about 0.9 kg and sandal powder of
about 1.5 kg which was stored in the shop without having any
license or permit. The investigation is under progress.
3. Heard Sri. Lethif B., learned counsel for the
petitioner and Sri. Rangaswamy R., learned High Court
Government Pleader for respondent.
4. Learned counsel for the petitioners submits that the
petitioners are innocent of the alleged offence. They have been
falsely implicated in this case. In fact, Section 86 of the
- 4 -
NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
Karnataka Forest Act could not attract to the given set of facts
and circumstances. The shop, which the petitioners were
running is under valid licence given by the competent authority
to sell the antique craft items. The alleged seizure had not at all
taken place in the shop. The petitioners were not present at the
time when the alleged seizure had taken place.
5. The petitioners are the permanent resident of
Srirangapatna Town. They are the father and son of the same
family. They will abide the conditions imposed by this Court in
the event of their release on bail.
Per Contra
6. , learned High Court Government Pleader
for respondent – State vehemently submitted that the
petitioners were illegally selling sandalwood pieces and also the
red sandal, of which they did not have any license or permit.
The sandalwood pieces and red sandal were seized in the said
shop under the seizure mahazar. It is also an admitted fact that
both father and son were running the said shop. Therefore, it is
not appropriate to grant anticipatory bail to the petitioners.
Making such submission, he prays to reject the petition.
- 5 -
NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
7. Heard the learned counsel for the respective parties
and perused the averments of the complaint. The complaint
came to be registered by DRFO stating that he had received
credible information by the informants that the petitioners were
selling the sandalwood pieces and red sandal to the customers.
The complainant along with others went to the spot and it is
stated that they had seized the sandalwood pieces and also the
red sandal pieces. However, there is no whisper regarding the
presence of the petitioners in the said shop at the time of
alleged search and seizure which had taken place.
8. Having considered the facts and circumstances of
the case, it is appropriate to grant bail by imposing suitable
conditions.
9. Hence I proceed to pass the following:
ORDER
allowed.
(i) This Criminal Petition is
(ii) The petitioners are ordered to be
enlarged on bail in the event of their arrent in
FOC No.46/2025-26 filed by the respondent –
- 6 -
NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
Police, on executing a personal bond for a sum
of Rs.1,00,000/- (Rupees One Lakh only) each,
with one surety each for the like sum to the
satisfaction of the Trial Court.
(iii) The petitioners shall appear before the
Investigating Officer within one month from
today to execute personal bond and to furnish
surety.
(iv) The petitioners shall co-operate with
the investigation till filing of the final report.
(v) The petitioners shall not threaten or
tamper the prosecution witnesses nor hamper
the proceedings of the Court.
(vi) The petitioners shall appear before the
Trial Court on all hearing dates, without fail.
(vii) The petitioners shall not indulge in
any criminal cases till disposal of the case.
- 7 -
NC: 2026:KHC:17169
CRL.P No. 3202 of 2026
HC-KAR
In case, if, the petitioners violates any of the bail
conditions as stated above, liberty is reserved to the
prosecution to file necessary application for cancellation of bail.
Sd/-
(S RACHAIAH)
JUDGE
NM