Thota Naika Vs State of Karnataka by Tarikere

THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO DIRECT THE RESPONDENT THAT IN THE EVENT OF HIS ARREST IN CR.NO.226/2025 OF TARIKERE P.S. PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND PRL.J.M.F.C., TARIKERE REGISTERED FOR THE OFFENCE P/U/S 86 AND 87 OF KARNATAKA FOREST ACT AND UNDER SEC.303(2) OF BNS ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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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 RACHAIAH

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NC: 2026:KHC:13885 CRL.P No. 17569 of 2025

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HC-KAR

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ORAL ORDER

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The petitioner, who is arraigned as accused No.1, is before this Court seeking for grant of anticipatory bail in Crime No.226/2025 of respondent-police for the offences under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 86 and 87 of the Karnataka Forest Act, 1963.

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Brief facts of the case:

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The case of the prosecution is that, the complainant being a police officer, has lodged a complaint stating that, on 19.10.2025, around 05.00 p.m., when he was on patrolling duty along with his staff, he had received an information that one person, who was in possession of sandalwood pieces in a plastic bag, was standing near the bypass / underpass of Lakkavalli Cross. On receiving the said information, he went to the location along with two independent panch witnesses, apprehended the accused No.2 and enquired about his address and name. The complainant has received the information that the said sandalwood pieces were given to him by accused No.1 /

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petitioner herein, for the purpose of selling the same to the customers. Based on the said information, the complainant and his team conducted a search and seized the sandalwood pieces, which were weighing 2 kgs. 634 grams, worth Rs.10,000/-. Thereafter, a case came to be registered against the petitioner / accused No.1 and accused No.2. The investigation is under progress.

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Heard Sri K.S. Ganesha, learned counsel for the petitioner and Smt. Asma Kouser, learned Additional SPP for respondent – State.

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The submission of learned counsel for the petitioner is that the petitioner, in fact, has been implicated in a false case. He is innocent of the alleged offences. The present petitioner has been arraigned as one of the accused in the said case on the basis of the voluntary statement of accused No.2. However, the same is not acceptable under the law.

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It is further submitted that the petitioner is a permanent resident of Tarikere Taluk, Chikkamagalur District and he is aged about 55 years and earning member of the

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family. He will abide the conditions imposed by this Court in the event of his release and bail. Making such submissions, he prays to allow the petition.

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Per contra , learned Addl. SPP for the respondent - State vehemently submitted that the petitioner and another accused are stated to be involved in selling the sandalwood pieces without any valid permit. The sandalwood pieces have been seized by the complainant and his team in the presence of independent panch witnesses. Such being the fact, the petitioner is not entitled for any relief, as prayed for. If the petitioner is enlarged on bail, there may be chances of not only committing similar offences, but also absconding from the case. Hence, it is not appropriate to grant him bail. Making such submissions, learned Addl. SPP prays to reject the petition.

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Having heard learned counsel for the respective parties and perused the averments made in the complaint, it appears from the averments of the complaint that the complainant and his team were on patrolling duty on

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19.10.2025 around 05.00 a.m. It is stated that, the complainant received an information that one person was standing near Lakkavalli cross holding a plastic bag containing sandalwood pieces. On receiving the said information, he went to the location along with his staff and two independent panch witnesses. They apprehended him and asked his name. He disclosed his name as Chandra Naika, s/o. late Thota Naika and further, he stated that he was assigned the work of selling the sandalwood pieces to anybody, at the instance of accused No.1, who is the petitioner herein. On the basis of the information, the complainant and his team conducted search and seizure and seized the sandalwood pieces weighing 2 kg., 634 grams, worth of Rs.10,000/-. A mahazar was drawn at the spot and thereafter, the case came to be registered against accused Nos.1 and 2.

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On going through the averments of the complaint and other materials available on record, the present petitioner is arraigned as accused No.1. He has been implicated in this case on the basis of the statement made by accused

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No.2. However, nothing has been recovered at the instance of accused No.1/petitioner. Having considered the same, it is appropriate to grant him bail, as prayed for.

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