Riyaz Pasha Vs the State of Karnataka

FOREST MOBILE SQUAD, MYSURU DISTRICT RANGE FOREST OFFICER SRI SURENDRA. K ARANYA BHAVANA ASHOKA PURAM, MYSURU. REP. BY SPP HIGH COURT BUILDING, BANGALORE - 560 001.

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…RESPONDENT

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(BY SMT. RASHMI PATEL, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO RELEASE THEM ON BAIL IN THE EVENT OF ARREST IN FOC NO.35/2024-25 AGAINST 4 ACCUSED PERSONS FOR THE OFFENCES P/U/S 2(18),2(20),80,86,87 OF THE KARNATAKA FOREST ACT, 1983 AND RULES 144,165 OF THE KARNATAKA FOREST RULES, 1969, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSION JUDGE, AT MYSORE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused nos.1 to 4 in FOC.No.35/2024-25 registered by Range Forest Officer, Mysuru Division, for the offences punishable under Sections 2(18), 2(20), 80, 86, 87 of the Karnataka Forest Act, 1983 and Rules 144, 165 of the Karnataka Forest Rules, 1969, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

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Heard the learned Counsel for the parties.

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Learned Counsel for the petitioners having reiterated the

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grounds urged in the petition, submits that petitioners are

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3 - NC: 2025:KHC:23939 CRL.P No. 8175 of 2025

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HC-KAR

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owners of licensed handicrafts shop known as 'New Indian Cauvery Silk and Handicrafts Emporium', at Lashkar Mohalla in Mysuru, and in the raid that was conducted to the said shop on 22.03.2025, 4.1 Kgs. of sandalwood pieces, 19.1 Kgs. of red sandalwood pieces and 5.2 Kgs. of red sandalwood powder have been seized. Petitioners have no criminal antecedents. They are ready and willing to cooperate with the police for the purpose of investigation. The seized sandalwood and red sandalwood pieces are part of handicrafted articles which are kept for sale in the shop. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP who has opposed the petition submits that petitioners cannot procure and sell sandalwood or red sandalwood directly. The act of the petitioners is punishable under the provisions of the Karnataka Forest Act. Accordingly, she prays to dismiss the petition.

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Perusal of the material on record would go to show that in the alleged raid that was conducted on 22.03.2025 to the shop premises of the petitioners herein based on credible information, 12 sandalwood pieces totally weighing 4.1 Kgs.,

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HC-KAR

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432 red sandalwood pieces totally weighing 19.1 Kgs. and 5.2 Kgs. of red sandalwood powder were recovered from the shop and the seized articles were subjected to panchanama.

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The allegation against the petitioners is that they had no license to sell the sandalwood pieces or red sandalwood pieces in the shop. It is the case of the petitioners that seized articles are part of the handicrafts which are kept for sale in the shop.

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It is not in dispute that petitioners are running a licensed shop for sale of handicraft articles in the name of 'New Indian Cauvery Silk and Handicrafts Emporium', at Lashkar Mohalla in Mysuru, and in the petition it is mentioned that for the last 25 to 30 years, they have been running the business and they do not have criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. The maximum punishment for the alleged offences is imprisonment for a period of seven years. The sandalwood pieces, red sandalwood pieces and red sandalwood powder which were allegedly possessed illegally by the petitioners have been already seized in the present case. Under the circumstances, I am of the opinion that petitioners' prayer for grant of

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HC-KAR

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anticipatory bail is required to be answered affirmatively subject to appropriate conditions. Accordingly, the following order:

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The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in FOC.No.35/202425 registered by Range Forest Officer, Mysuru Division, for the offences punishable under Sections 2(18), 2(20), 80, 86, 87 of the Karnataka Forest Act, 1983 and Rules 144, 165 of the Karnataka Forest Rules, 1969, subject to the following conditions:

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The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/each with two sureties for the likesum to the satisfaction of the investigating officer.

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