MOHAMMAD PAIGAMBAR vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17004
CRL.P No. 102328 of 2026
CNR: KAHC020162502026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102328 OF 2026
(438(Cr.PC)/482(BNSS)
BETWEEN:
MOHAMMAD PAIGAMBAR
S/O. RUKBUDDIN MELINAMANE,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. KARAVINALU, KHANAPUR VILLAGE,
TALUK: SINDAGI, DISTRICT: VIJAYAPURA-586121.
…PETITIONER
(BY SRI KISHOR S. SUTAR, ADVOCATE)
AND:
STATE OF KARNATAKA,
THROUGH T.B. DAM POLICE STATION,
HOSAPETE, VIJAYANAGARA DISTRICT,
REPRESENTED BY THE
LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580002.
…RESPONDENT
(BY SRI JAIRAM SIDDI, HCGP FOR RESPONDENT)
THIS CRIMINAL PETITION IS FILED U/S.482 OF BNSS
(U/S.438 OF CR.P.C.), PRAYING TO ENLARGE THE PETITIONER/A2
ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN
CONNECTION WITH CRIME NO.47/2025 REGISTERED AT T.B. DAM
POLICE STATION, VIJAYANAGARA DISTRICT, FOR OFFENCES
PUNISHABLE UNDER SECTION 310(2) OF THE BHARATIYA NYAYA
SANHITA, 2023 AND SECTION 86 OF THE KARNATAKA FOREST ACT,
1963 AND ETC.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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CRL.P No. 102328 of 2026
CNR: KAHC020162502026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
This petition is filed by the petitioner/accused No.2 under
Section 438 of Cr.P.C. (482 of B.N.S.S, 2023) seeking
anticipatory bail in connection with crime No.47/2025 of
T.B.Dam Police Station, Vijayanagara District, registered for the
offences punishable under Section 310(2) of Bharatiya Nyaya
Sanhita, 2023 and Section 86 of the Karnataka Forest Act,
1963, pending on the file of learned Principal Civil Judge
(Sr.Dn.) and JMFC, Court, Hosapete, Vijayanagara District.
2. Brief facts of the prosecution case in nutshell are as
under:
On 16.10.2025 in between 01:30 a.m. to 03:00 a.m. the
present petitioner and others trespassed into house of C.W.1
situated at T.B.Dam, Hosapete, whereby tide the hands and
legs of C.W.1 and closed his mouth with kharchip, and made
criminal intimidation to eliminate him and thus, stole
approximately 100 k.g. of 30-32 years old sandalwood. Later,
during the course of investigation, the other accused persons
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were arrested and in turn, they were remanded to the judicial
custody.
3. Apprehending his arrest at the hands of the
respondent police, the petitioner/accused No.2 has filed this
petition seeking anticipatory bail.
4. Learned counsel for the petitioner contended that
the petitioner is falsely implicated in the case and he has not
committed any alleged offence. He contended that the Co-
ordinate Bench of this court has already granted bail to accused
Nos.3 and 7. It is contended that the petitioner is ready to
abide by any conditions to be imposed by this court. Hence,
learned counsel for the petitioner prayed to allow the petition.
5. Per contra , the learned HCGP vehemently
contended
that the petitioner is habitual offender. The
petitioner has been involved in forest offences and the
investigating officer has seized in all 100 k.g. of
sandalwood and it caused loss to the State exchequer. If
the petitioner is released on bail, he may commit similar
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CRL.P No. 102328 of 2026
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offences and may flee away from justice. Thus, learned
HCGP prayed for rejection of bail petition.
6. On perusal of the material available on record, the
petitioner and others removed sandalwood trees more than 100
k.g. from the house of CW1. As per the contents of the charge
sheet, this petitioner along with other persons has committed
the theft of sandalwood from the house of CW1.
7. Section 104-D of the Karnataka Forest Act is special
provision regulating bail matters in respect of offences under
Karnataka Forest Act. As per said Section the accused seeking
bail for the offences committed under Sections 86 and 87 of
Karnataka Forest Act, the accused has to satisfy the Court that
there are reasonable grounds for believing that they are not
guilty of the said offences. In the instant case, accused No.2
committed theft of sandalwood approximately 100 k.g. from
the house of C.W.1 and the Investigating Officer seized all 100
k.g. sandalwood. Therefore, there is prima facie case against
accused persons of the offence punishable under Section 87 of
Karnataka Forest Act. A perusal of complaint and seizure
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panchnama reveals that the forest guard seized the sandalwood
billets from the motorcycle of accused No.3.
8. At this juncture, it is just and necessary to extract
Section 62(3) of Karnataka Forest Act, 1963, which reads as
under:
"62(3) Every officer seizing any property under this
section 1 [x x x]1 shall, as soon as may be, 2 [make a report
of such seizure,— (a) where the offence on account of which
the seizure has been made is in respect of timber, ivory, 3
[gulmavu (machilus macrantha) bark, dalchini bark, halmaddi
(exudation of ailanthus malabaricum), canes]3 , firewood or
charcoal which is the property of the State Government or in
respect of sandalwood, to the concerned authorised Officer
under section 71A; and (b) in other cases, to the magistrate
having jurisdiction to try the offence on account of which the
seizure has been made;]"
9. Further, Section 71-A of Karnataka Forest Act, 1963
reads as under:
"71A. Confiscation by Forest Officers in certain cases.—
(1) Notwithstanding anything contained in the
foregoing provisions of this Chapter 2 [or in any other law]2 ,
where a forest offence is believed to have been committed in
respect of timber, 3 [ivory, 4 [gulmavu (machilus marantha)
bark, dalchini bark, Halmaddi (exudation of ailantus
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malabricum), canes]4 , firewood and charcoal which is the
property of the State Government or in respect of
sandalwood]3 , the officer seizing the property under sub-
section (1) of section 62 shall, without any unreasonable
delay produce it, together with all tools, ropes, chains, boats,
vehicles and cattle used in committing such offence, before
an officer authorized by the State Government in this behalf
by notification in the official Gazette, not being below the
rank of an Assistant Conservator of Forests (hereinafter
referred to as the authorized officer).
(2) Where an authorized officer seizes under sub-
section (1) of section 62 any timber, 1 [ivory, firewood 2
[gulmavu (machilus marantha) bark, dalchini bark, halmaddi
(exudation of ailantus malabricum), canes]2 and charcoal
which is the property of the State Government or any
sandalwood]1, or where any such property is produced before
an authorised officer under subsection (1) and he is satisfied
that a forest offence has been committed in respect of such
property, such authorised officer may, whether or not a
prosecution is instituted for the commission of such forest
offence, order confiscation of the propriety so seized together
with all tools, ropes, chains, boats, vehicles and cattle used in
committing such offence.
(3) (a) Where the authorised officer, after passing an
order of confiscation under sub-section (2), is of the opinion
that it is expedient in the 386 Forest [1964: KAR. ACT 5
public interest so to do, he may, order the confiscated
property or any part thereof to be sold by public auction.
(b) Where any confiscated property is sold, as aforesaid,
the proceeds thereof, after deduction of the expenses of any
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such auction or other incidental expenses relating thereto,
shall where the order of confiscation made under section 71A
is set aside or annulled by an order under sections 71C or
71D, be paid to the owner thereof or to the person from
whom it was seized as may be specified in such order."
10. Sections 62(3) and 71-A of Karnataka Forest Act
mandate that every Officer seizing any property under these
Sections shall make a report of such seizure to the concerned
Officer under Section 71-A of the Karnataka Forest Act. For the
purpose of Section 71-A, the Officer would not be below the
rank of Assistant Conservative Officer of Forest. In the instant
case the forest officer or forest guard has not submitted his
report to Assistant Conservative of Forest and therefore, the
Investigating Officer has not complied the mandatory
requirement as stated under Section 62(3) and 71-A of the Act.
11. It is the contention of the learned High Court
Government Pleader that the petitioner is habitual offender.
The alleged offences are not punishable with death or
imprisonment for life.
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12. The Co-ordinate Bench of this court has granted
regular bail to accused Nos.3 and 7. The allegations against the
accused Nos.3 and 7 are similar to that of accused No.2.
13. It is well established principle of law that while
considering the bail application, the Court has to consider the
nature of offence, circumstances in which the offence is
committed, position and the status of the petitioners, likelihood
of accused fleeing away from justice, tampering of witnesses,
character and antecedent of the accused. Further, the law is
well settled that, while disposing off the bail petitions, the Court
need not scan the prosecution papers and hold a mini trial.
Keeping these factors in mind and the fact that the petitioners
are entitled for bail. Accordingly, the following:
14. Accordingly, I proceed to pass the following:
O R D E R
allowed
The Criminal petition is . The respondent-Police
are hereby directed to release the petitioner/accused No.2 on
bail in connection with crime No.47/2025 of T.B.Dam Police
Station, Vijayanagara District, registered for the offences
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punishable under Section 310(2) of Bharatiya Nyaya Sanhita,
2023 and Section 86 of the Karnataka Forest Act, 1963,
pending on the file of learned Principal Civil Judge (Sr.Dn.) and
JMFC, Court, Hosapete, Vijayanagara District, subject to the
following conditions:
i. The petitioner shall execute a personal bond in a
sum of Rs.1,00,000/- (Rupees one lakh only)
with a surety for the likesum to the satisfaction
of the Investigating Officer/Station House
Officer;
ii. The petitioner shall surrender himself before the
Investigating Officer/Station House Officer within
fifteen days from the date of receipt of a
certified copy of this order;
iii. The petitioner shall appear before the
Jurisdictional Court on all the dates of hearing
without fail;
iv. The petitioner shall not tamper with the
prosecution witnesses directly or indirectly;
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v. The petitioner shall mark his attendance before
the Investigating Officer/Station House Officer
on the first Sunday of every month between
10.00 a.m. and 5.00 p.m. for a period of six
months or till filing of charge-sheet, whichever is
earlier, and
vi. The petitioner shall not indulge in any similar
offences.
Any violation of the conditions imposed above would enable
the prosecution to seek for cancellation of bail .
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
MBS /CT-AN
List No.: 1 Sl No.: 15