Karnataka High Court
Sri Sadashiv S/O Yallavva Madar vs The State Of Karnataka on 1 July, 2025
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NC: 2025:KHC-D:8248
CRL.P No. 102226 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102226 OF 2025
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
SHRI SADASHIV S/O. YALLAVVA MADAR,
AGE: 34 YEARS, OCC: COOLIE WORK,
R/O. ROOGI VILLAGE, TQ. MUDHOL,
DIST. BAGALKOT,
NOW RESIDING AT: LINGANUR VILLAGE,
TQ. JAMKHANDI-587301.
...PETITIONER
(BY SRI. B. C. JNANAYYASWAMY, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
(THROUGH ZONAL FOREST RANGE OFFICER,
MUDHOL ZONE), REPRESENTED BY ITS
Digitally signed STATE PUBLIC PROSECUTOR,
by RAKESH S
HARIHAR HIGH COURT OF KARNATAKA,
Location: High
Court of BENCH AT: DHARWAD-580001.
Karnataka,
Dharwad ...RESPONDENT
Bench
(BY SHRI JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOW THIS
PETITION, GRANT REGULAR BAIL IN FOA NO.2/2025-26 IS
REGISTERED BY ZONAL FOREST RANGE OFFICER MUDHOL FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 24(e), 84, 85, 86, 87 OF
KARNATAKA FOREST ACT 1963, IN SO FAR AS THIS PETITIONER IS
CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:8248
CRL.P No. 102226 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri B.C.Jnanayyaswami, learned counsel for the petitioner, Sri Jairam Siddi, learned High Court Government Pleader for respondent - State.
2. This petition is filed under Section 439 of the Criminal Procedure Code, 1973 ("Cr.P.C." for short) [Under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short)] by accused No.1 seeking to enlarge him on regular bail in connection with FOC No.02/2025-26 for the offences punishable under Sections 24(e), 84, 85, 86 and 87 of the Karnataka Forest Act, 1963 ("K.F.Act" for short).
3. The brief facts of the prosecution case are as under:
On 12.05.2025, the first informant viz, the Deputy Range Forest Officer, Mellegeri, was on patrolling duty at 2:30 a.m. at Mellegeri forest area. At that time, when the first informant was proceeding towards Sy.No.178, he heard the sound of cutting the trees beside the canal in the forest area -3- NC: 2025:KHC-D:8248 CRL.P No. 102226 of 2025 HC-KAR and there he found an un-numbered TVS vehicle and he saw a person cutting the sandalwood tree and thus, caught hold the said person and two other persons ran away from the scene of offence in a motorcycle. Therefore, the first informant secured the said person and seized seven pieces of Sandalwood weighing 44.500 Kgs., and also seized the Redmi mobile and TVS Scooty and lodged the first information. This led to registration of FIR and investigation. During the course of investigation petitioner was arrested and remanded to the judicial custody.
4. Learned counsel for the petitioner - accused No.1 contended that, he is an innocent and law abiding citizen. The Deputy Range Forest Officer has not complied with Sections 62(3) and 71-A of the K.F.Act. The petitioner is the sole bread earner of his family and is ready to abide by the conditions that may be imposed by this Court. Hence, he prayed for grant of bail.
5. Per contra, learned High Court Government Pleader for respondent - State contended that the petitioner -4- NC: 2025:KHC-D:8248 CRL.P No. 102226 of 2025 HC-KAR is habitual offender, and has previously been involved in forest offences and the Investigating Officer has seized 44.500 Kgs. of Sandalwood causing loss to the State exchequer. If released on bail, he may commit similar offences and he may flee away from justice. Hence, he prayed for rejection of bail petition.
6. On perusal of the material available on record, it appears that on 12.05.2025 at about 2:30 a.m., at Mellegeri forest area, the petitioner and others were cutting the sandalwood trees and therefore the Deputy Range Forest Officer, Mellegeri seized 7 pieces of Sandalwood billets weighing 44.500 Kgs. from the possession of accused No.1 at the scene of offence, when he was cutting the Sandalwood trees in the forest area. The Investigating Officer has seized a motorcycle and Redmi mobile phone etc. As per the contents of FIR, the petitioner and others have committed theft of Sandalwood from the forest area.
7. Section 104-D of K.F.Act is special provision regulating bail matters in respect of offences under K.F.Act. -5-
NC: 2025:KHC-D:8248 CRL.P No. 102226 of 2025 HC-KAR As per the said Section, the accused seeking bail for offences committed under Sections 86 and 87 of K.F.Act, the accused has to satisfy the Court that there are reasonable grounds for believing that he is not guilty of the said offences. In the instant case, the petitioner - accused No.1 was caught red- handed by the Deputy Range Forest Officer, along with a motorcycle, mobile phone and 7 pieces of Sandalwood billets weighing 44.500 Kgs., with having knowledge and conscious of possession of sandalwood billets. A perusal of the complaint and seizure panchnama reveals that the Deputy Range Forest officer seized the Sandalwood billets from possession of accused No.1.
8. At this juncture, it is just and necessary to extract Section 62(3) of K.F.Act, 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 respect of sandalwood, to the concerned authorised Officer -6- NC: 2025:KHC-D:8248 CRL.P No. 102226 of 2025 HC-KAR 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;]"
9. Further, Section 71-A of K.F.Act, 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, 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. -7-
NC: 2025:KHC-D:8248 CRL.P No. 102226 of 2025 HC-KAR
(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."
10. Sections 62(3) and 71-A of K.F.Act mandate that every Officer seizing any property under these Sections shall make a report of such seizure to the concerned Officer under Section 71-A of K.F.Act. For the purpose of Section 71-A, the Officer shall 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.
11. 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.
12. It is well established principle of law that while considering the bail application, the Court has to consider the -8- NC: 2025:KHC-D:8248 CRL.P No. 102226 of 2025 HC-KAR nature of offences, circumstances in which the offences are committed, position and the status of the petitioners, likelihood of accused fleeing away from justice, tampering with witnesses, character and antecedent of the accused. Further, the law is well settled that, while disposing off the 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, this Court proceed to pass the following:
ORDER The Criminal Petition is allowed is hereby allowed. The petitioner/accused No.1 is ordered to be enlarged on bail, in FOC No.02/2025-26 registered by the Zonal Forest Range officer, Mudhol for the offence punishable under Sections 24(e), 84, 85, 86, 87 of K.P.Act, subject to the following conditions:
i) The petitioner - accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with a sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner - accused No.1 shall mark his attendance before the S.H.O/I.O on first Sunday -9- NC: 2025:KHC-D:8248 CRL.P No. 102226 of 2025 HC-KAR of every month between 10:00 a.m. to 5:00 p.m. for period of six months or till filing of charge sheet whichever is earlier.
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 appear before the Court regularly without fail.
vi) The petitioner - accused No.1 shall not commit similar offences.
Violation of any of these conditions would entail for cancellation of bail.
Sd/-
(VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 49