Ramesh Vs State of Karnataka

RAMESH S/O KUJUMBA, AGED ABOUT 36 YEARS, R/AT HALASULIGE VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 127 (BY SRI. ABIJITH M.M., ADVOCATE)

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…PETITIONER

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE OF KARNATAKA BY RANGE FOREST OFFICER, CHIKKAMAGALURU DISTRICT, REP. BY SPP GOVERNMENT PLEADER HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENT (BY SRI. RANGASWAMY .R., HCGP)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME FOC NO.6/2025 OF THE RESPONDENT FOC MUDIGERE DIVISION, REGISTERED FOR ALLEGED OFFENCE P/U/S 2/2018, 33(2)(B), 62, 80, 84, 86, 87 OF KARNATAKA FOREST RULES, PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC AT MUDIGERE.

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NC: 2025:KHC:34846 CRL.P No. 11560 of 2025

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HC-KAR

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard both sides and perused the material on record.

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FIR is registered on 06.07.2025 against accused Nos.1 and 2 in FOC No.06/2025-26 under Section 2/18 read with 33(2)(v), 62, 80, 84, 86, 87 of Karnataka Forest Act, 1963 (for short, 'the K.F.Act') and Rules 144, 165 of Karnataka Forest Rules, 1969.

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It is alleged that, accused have illegally cut and removed the sandalwood tree from the premises of Government Lower Primary School, Dinnekere, G.Hosahalli village and while they were trying to transport the same, caught by the villagers and handed over to the Forest officials. 4 billets of sandalwood, a handsaw and 2 mobiles are allegedly recovered from their possession.

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3 - NC: 2025:KHC:34846 CRL.P No. 11560 of 2025

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HC-KAR

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Petitioner is named as accused No.1 in the FIR. It is contended that, petitioner is innocent of the alleged offence and he has been falsely implicated in the case, the mandatory provisions under Section 62(3) of the K.F. Act has not been complied, petitioner has no criminal antecedents and he is ready and willing to abide by any conditions.

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Learned HCGP contended that accused were caught red-handed by the villagers and sandalwood billets weighing 32.470 kg was seized from their possession. He contended that, there is a prima-facie case against the petitioner and therefore, he is not entitled for bail.

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Under Section 62(3) of the K.F. Act, 1963, it is mandatory that when the seizure has been made in respect of forest produce or sandalwood, as in the present case, report has to be made immediately to the concerned authorized officer under Section 71(a) of the Act. The material on record does not indicate that, such a report

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NC: 2025:KHC:34846 CRL.P No. 11560 of 2025

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HC-KAR

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was made as contemplated under law. As per complaint, it was suspected from the smell and leaves that the seized material was sandalwood. The prosecution has to establish its case against the petitioner in a full-fledged trial. Petitioner has no criminal antecedents. He has been arrested and interrogated. He is not required for further interrogation. He has undertaken to furnish sufficient surety to ensure his presence before the Trial Court. Hence, the following:

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ORDER

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i. Petition is allowed.

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ii. Petitioner / accused No.1 is ordered to be

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released on bail in FOC No.06/2025-26, registered by the

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R.F.O. of Mudigere Range, Chikkamagaluru District, (pending on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC at Mudigere), subject to following conditions:

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a) He shall execute a personal bond in a sum of Rs.50,000/(Rupees Fifty Thousand only) with two sureties for

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