Karnataka High Court
Nagappa vs The State Of Karnataka on 10 June, 2025
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CRL.P No. 102013 of 2025
C/W CRL.P No. 101709 of 2025
HC-KAR
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.
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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:
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HC-KAR
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
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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
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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
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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
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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,
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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
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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
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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.
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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:
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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
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