Citation : 2026 Latest Caselaw 1130 Kant
Judgement Date : 11 February, 2026
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NC: 2026:KHC:8412
CRL.P No. 14483 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 14483 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
SRI. PUTTABASAPPA
S/O RUDRAPPA
AGE ABOUT 62 YEARS
R/AT MANGALA VILLAGE
GUNDELPET TALUK
CHAMARAJANAGARA DISTRICT-571 126
...PETITIONER
(BY SRI. P. MAHESHA, ADVOCATE)
AND:
STATE OF KARNATAKA
BY GUNDELPET POLICE STATION
(REPRESENTED BY THE
Digitally signed by
LAKSHMINARAYANA
STATE PUBLIC PROSECUTOR
MURTHY RAJASHRI HIGH COURT OF KARNATAKA
Location: HIGH COURT
OF KARNATAKA BENGALURU-01
...RESPONDENT
(BY SRI. MOHD. AYUB ALI, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C
(UNDER SECTION 482 OF BNSS) PRAYING TO RELEASE THE
PETITIONER IN THE EVENT OF HIS ARREST IN
CR.NO.238/2025 OF GUNDELPET P.S., CHAMARAJANAGARA
DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
50 AND 51 OF THE WILD LIFE PROTECTION ACT, UNDER
SECTION 135 AND 138 OF THE ELECTRICITY ACT, 2003,
PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND
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NC: 2026:KHC:8412
CRL.P No. 14483 of 2025
HC-KAR
SESSIONS COURT, CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by accused No. 1 under
Section 482 of BNSS, praying to grant anticipatory bail in
Crime No. 238/2025 of Gundlupet Police Station registered
for offence under Sections 50 and 51 of Wildlife Protection
Act and Sections 135 and 138 of Electricity Act, 2003.
2. Heard learned counsel for petitioner and
learned Additional SPP for respondent - State.
3. Learned counsel for petitioner would contend
that there was death of a female elephant in the land
belonging to accused persons and it is stated to have died
due to electric shock. The allegation against the petitioner
and other accused is that they had supplied electricity to
the fence and by touching the same said elephant died.
Learned counsel for petitioner would further contend that
NC: 2026:KHC:8412
HC-KAR
land of the petitioner - accused No. 1 is at a lower level
and land of accused No. 2 is at a higher level and there is
fencing in between the land of petitioner and land of
accused No. 2 and there are no chances of the elephant
coming into the land of the petitioner. The offences alleged
against the petitioner are not punishable either with death
or imprisonment for life. The maximum sentence that can
be imposed is imprisonment which may extend to seven
years and fine. Petitioner is ready to cooperate with the
Investigating Officer in the investigation and abide by any
conditions to be imposed by this Court. There are no
criminal antecedents of the petitioner. With this, he prayed
to allow the petition.
4. Per contra learned Additional SPP would
contend that electricity was supplied to the fence and by
touching the same an elephant died. The matter is under
investigation and petitioner is required for custodial
interrogation. With this, he prayed to reject the petition.
NC: 2026:KHC:8412
HC-KAR
5. Having heard learned counsel for the parties,
the Court has perused the FIR, complaint and other
materials placed on record.
6. As per averments of the complaint, a female
elephant died in the land of accused persons due to
electrocution. Who had supplied electricity to the fence is a
matter of investigation. The offences alleged against the
petitioner are not punishable either with death or
imprisonment for life. Maximum sentence that can be
imposed is imprisonment which may extend to seven
years and fine. Petitioner has undertaken to cooperate
with the Investigating Officer in the investigation and
abide by any conditions to be imposed by this Court. There
are no criminal antecedents of the petitioner.
7. Considering the above aspects, petitioner has
made out case for grant of anticipatory bail with
conditions.
In the result, the following;
NC: 2026:KHC:8412
HC-KAR
ORDER
Petition is allowed Petitioner is ordered to be released
on bail in the event of his arrest in Crime No. 238/2025 of
Gundlupet Police Station subject to following conditions:
I. Petitioner shall voluntarily appear before the
Investigating Officer within 15 days from this day
and execute a bail bond for a sum of Rs.1,00,000/-
with one surety for the likesum satisfaction of the
Investigating Officer.
II. Petitioner shall appear before the Investigating
Officer whenever called for and cooperate for
investigation.
III. Petitioner shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court
or to any Police officer or tamper with the evidence.
NC: 2026:KHC:8412
HC-KAR
IV. Petitioner shall appear before the Investigating
Officer on every Sunday between 10.00 a.m. and
02.00 p.m. for a period of one month or till filing of
final report whichever is earlier.
.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 2 Sl No.: 3
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