Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102013 OF 2025 (438 OF Cr.PC/482 OF BNSS) C/W CRIMINAL PETITION NO. 101709 OF 2025 IN CRL. P. NO.102013 OF 2025 BETWEEN: NAGAPPA S/O. JUVELAPPA LAMANI, AGED ABOUT 56 YEARS, OCC: COOLIE, R/O. NEERALAKATTI, POST. CHANDRAPUR, TQ AND DIST. HAVERI-581193. …PETITIONER (BY SRI. DALWAI VIDYASHANKAR GADIGEPPA, ADVOCATE)
AND: THE STATE OF KARNATAKA, POLICE INSPECTOR, DUNDASI FOREST RANGE PS., Digitally signed by REPRESENTED BY STATE PUBLIC PROSECUTOR, RAKESH S HARIHAR HIGH COURT, DHARWAD BENCH BUILDING, Location: High Court of DHARWAD-580 011. Karnataka, Dharwad …RESPONDENT Bench (BY SRI. ABHISHEK MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (482 OF BNSS), SEEKING TO ALLOW THE PETITION FILED U/S. 482 OF BNSS, AND ENLARGE THE PETITIONER (ACCUSED NO.1) ON ANTICIPATORY BAIL IN (AS PER FIR) FOC CRIME NO.20/2024-25 TO THE OFFICE OF FOREST RANGE, DUNDASI, FOR THE OFFENCES PUNISHABLE U/S.24e, 84, 86, 87, 62 AND 71A OF KARNATAKA FOREST ACT AND RULE 144 KARNATAKA FOREST RULES ACT 1969 AND 303(2) OF BNS 2023 (379 OF IPC) AND ETC. -2-
IN CRL.P.NO. NO. 101709 OF 2025 BETWEEN: NAGAPPA RAMAPPA ILIGER, AGE: 50 YEARS, OCC: COOLIE WORK, R/O. BETAGERI, TQ. HIREKERUR, DIST. HAVERI, (ACCUSED NO.3), (NOW IN JUDICIAL CUSTODY). …PETITIONER (BY SMT. POOJA R. SAVADATTI, ADVOCATE) AND: THE STATE OF KARNATAKA (DUNDASI RANGE SHIGGAON BRANCH OF KONANAKERI FOREST POLICE) R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C.
(U/SEC. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PRESENT PETITIONER ON BAIL, IN CONNECTION WITH FOC NO. 20/2024-25 (FIR NO.124584) DATED 17.03.2025 FOR THE OFFENCE PUNISHABLE U/S.24(e), 84, 86, 87, 62, 71(A) OF KARNATAKA FOREST ACT 1963 AND U/S.144 AND SEC. 379 OF IPC SECTION 303(2) OF BNS 2023 ON THE FILE OF THE COURT OF CIVIL JUDGE AND JMFC, AT SHIGGAON TO MEET THE ENDS OF JUSTICE.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-3-
ORAL COMMAN ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)
1. Crl.P.No.102013/2025 is filed by accused No.1
under Section 438 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) (482 of BNSS, 2023), whereas Crl.P.No.101709/2025 is filed by accused No.3 under Section 439 of the Cr.P.C. (483 of the BNSS, 2023) in connection with FOC No.20/2024-2025 for the offence punishable under Sections 24(e), 84, 86, 87, 62, 71(A) of the Karnataka Forest Act 1963 and under Section 144 and Section 379 of the Indian penal Code (for short, ‘IPC’), Section 303(2) of Bharatiya Nyaya Sanhita, (for short, ‘the BNS’) 2023.
2. The brief facts of the prosecution case are as
under: On 16.03.2025, the first informant viz, the Forest Officer Dundasi Forest received an information about transportation of Sandalwood, went in search of illegal transportation of Sandalwood and found three persons carrying Sandalwood, tried to apprehend them, two of -4- them escaped, one of them apprehended along with nine pieces of Sandalwood weighing 74.530 kg., and two wheeler etc. Hence the Forest officer brought accused No.3 and properties to the office of forest Range, Dundasi and furnished information. Thus a case has been registered. This leads to registration of FIR and investigation and in turn, remanded the petitioner/accused No.3 to judicial custody.
3. Learned counsel for petitioners contended that
the petitioners are innocent, they have not committed any offence and they are law abiding citizen. The RFO has not complied Sections 62(3) and 71-A of the said Act; petitioners are the sole bread earners of their respective families and they are ready to abide by conditions that may be imposed by this Court. Hence, prayed for grant of bail.
4. Per contra, learned High Court Government
Pleader for respondent - State contended that the petitioners are habitual offenders; they have been involved in forest offences and the investigating officer has -5- seized in all 74.530 Kg of Sandalwood and it caused loss to the State ex-checker. If they are released on bail, they may commit similar offences and they may flee away from justice. Thus, prayed for rejection of bail petitions.
5. On perusal of the material available on record,
it appears that on 16.03.2025, the Forest Officer, Dundasi Forest seized 9 pieces of Sandalwood billets weighing 74.530 Kg, from the possession of accused No.3, when he was transporting the same on his motorcycle without any license. While the forest officer was searching the vehicle, accused No.3 was found with said Sandalwood billets along with the motorcycle. As per the contents of FIR these petitioners along with accused No.2 have committed theft of sandalwood trees from the forest area.
6. 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 -6- for believing that they are not guilty of the said offences. In the instant case, accused No.3 was traveling in the motorcycle and per the allegation he was transporting the sandalwood billets weighing 74.530 Kgs., in his motorcycle with having knowledge and conscious of possession of sandalwood billets in his Car. 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 panchnama reveals that the forest guard seized the sandalwood billets from the motorcycle of accused No.3.
7. 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 -7-
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;]"
8. 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 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, -8-
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 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."
9. Sections 62(3) and 71-A of Karnataka Forest
Act mandate that every Officer seizing any property under -9- 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.
10. It is the contention of the learned High Court Government Pleader that the petitioners are habitual offenders. The alleged offences are not punishable with death or imprisonment for life.
11. 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 - 10 - 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:
ORDER
Crl.P.No.102013/2025 filed by petitioner/accused No.1 is allowed. The petitioner/accused No.1 is ordered to be enlarged on anticipatory bail, in the event of his arrest by the respondent-police in FOC No.20/2024-2025 on his execution of personal bond for a sum of Rs.1,00,000/- with a sureties for the like sum to the satisfaction of the S.H.O or I.O, subject to the following conditions: i) The petitioner/accused No.1 shall surrender himself before the S.H.O/I.O within a period of 15 days from today; ii) The petitioner/accused No.1 shall mark his
attendance before the S.H.O/I.O on 1st day of every Sunday between 10.00 a.m, to 5.00 p.m., for period of six months or till filing of charge sheet whichever is earlier. - 11 -
iii) The petitioner/accused No.1 shall not tamper with the prosecution witnesses directly or indirectly; iv) The petitioner/accused No.1 shall cooperate with investigating agency till conclusion of the investigation. v) The petitioner/accused No.1 shall be regular in attendance before the trial Court. vi) The petitioner/accused No.1 shall not commit similar offences.
ORDER
Crl.P.No.101709/2025, filed by accused No.3 is allowed. The petitioners-accused No.3 is ordered to be enlarged on bail in FOC No.20/2024-2025 registered in Dundasi Range, shiggaon Branch of Konakeri Beat forest Police, pending on the file of Civil Judge and JMFC, Shiggaon, on he executing personal bond in a sum of Rs.1,00,000/- with a surety for the likesum to the satisfaction of jurisdictional Court, subject to the following conditions: - 12 - i. Petitioner/accused No.3 shall not tamper the prosecution witnesses. ii. Petitioner/accused No.3 shall mark his attendance on first Sunday every month till 6 [six] months or till filing of charge-sheet, whichever is earlier. iii. Petitioner/accused No.3 shall appear before the Court regularly without fail. iv. Petitioner/accused No.3 shall not commit similar offences. Violation of any of these conditions would entail for cancellation of bail. Ordered accordingly. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 26