Karnataka High Court
CRL.P/7640/2026 of KIRAN Vs THE STATE OF KARNATAKA on 2 July 2026
NC: 2026:KHC:32914 CRL.P No. 7640 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.7640 OF 2026 BETWEEN: KIRAN S/O LATE SOMASHEKAR AGED ABOUT 29 YEARS R/AT SHANTI NAGARA BEHIND JYOTHI
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.7640 OF 2026
BETWEEN:
KIRAN
S/O LATE SOMASHEKAR
AGED ABOUT 29 YEARS
R/AT SHANTI NAGARA
BEHIND JYOTHI THEATER
CHIKKAMAGALURU TALUK
CHIKKAMAGALURU DISTRICT
…PETITIONER
(BY SRI. PRASHANTH M, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY TOWN P.S
CHIKKAMAGALURU
CHIKKAMAGALURU DISTRICT
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU -560001
2. SWARUP
D/O SUNDAR K N
AGED ABOUT 42 YEARS
SUPERVISOR
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
CHIKKAMAGALURU CLUB
R/AT CHIKKAMAGALURU CLUB
HOSAMANE BADAVANE
CHIKKAMAGALURU DISTRICT
…RESPONDENTS
(BY SRI. M DIVAKAR MADDUR, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF BNNS PRAYING TO
ALLOW THIS CRIMINAL PETITION AND ENLARGE THE
PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF
HIS
ARREST
IN
CRIME
NO.0001/2026
OF
CHIKKAMAGALURU
TOWN
POLICE
STATION
CHIKKAMAGALURU FOR THE OFFENCES P/U/S 329(3) AND
303(2) OF BNS AND SECTIONS 86 AND 87 OF KARNATAKA
FOREST ACT 1963 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
This petition is filed by the petitioner praying this Court to enlarge him on anticipatory bail in the event of his arrest in Cr.No.1/2026 Chikkamagaluru Town Police Station, Chikkamagaluru for the offences punishable under Sections 329(3) and 303(2) of BNS and Sections 86 and 87 of Karnataka Forest Act, 1963.
HC-KAR
2. Heard the learned counsel appearing for the respective parties.
3. This petition is filed based on the apprehension of arrest. The counsel appearing for the petitioner would submit that the concerned police are calling the petitioner only on the ground that he was an accused in Cr.No.114/2025 of Basavanahalli Police Station which is registered against him for the offences punishable under Sections 329(3) and 303(2) of BNS and Sections 86 and 87 of Karnataka Forest Act, 1963 wherein he has been arrayed as accused No.3. But this petitioner has not involved in any of the cases. Hence, there is an apprehension of arrest. Thus, he may be enlarged on bail granting an anticipatory bail.
4. Per contra, the counsel appearing for the State would submit that sandalwood billets were recovered at the instance of the other accused persons and the co-accused made the statement about involvement of this petitioner that he came along with Platinum motorcycle and involved in the said crime.
HC-KAR
5. Having heard the learned counsel appearing for the respective parties and on perusal of the material on record, it discloses that the FIR is registered against unknown persons and the name of this petitioner is not mentioned in the FIR. However, the very contention of the counsel for the petitioner that there is an apprehension of arrest since the police are calling the petitioner over the phone. The submission made by the counsel for the State that the co-accused made the statement that this petitioner also involved in the crime. Hence, there is an apprehension of arrest of this petitioner and based on the co-accused statement, this petitioner is implicated. Under the circumstances, the petitioner has made out the case for apprehension of arrest.
6. In view of the discussions made above, I pass the following:
ORDER
The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.1/2026 of Chikkamagaluru Town Police Station, Chikkamagaluru, for the offences punishable under Sections
HC-KAR
329(3) and 303(2) of BNS and Sections 86 and 87 of Karnataka Forest Act, 1963, subject to the following conditions:-
(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for.
(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.
HC-KAR
(v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.
Sd/- (H.P.SANDESH) JUDGE
SN