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Karnataka High Court
Shiva Kallura vs State Of Karnataka on 11 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:8228
CRL.P No. 16487 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. 16487 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SHIVA KALLURA
S/O SHANKARA
AGED ABOUT 32 YEARS
R/AT CHANDANAGIRI HAADI
NERALAKUPPE POST
HANAGODU HOBLI, HUNSUR TALUK
MYSURU DIST.-571 105
...PETITIONER
(BY SRI. PRITHVI RAJ B.N, ADVOCATE)
AND:
STATE OF KARNATAKA
BY RANGE FOREST OFFICER
Digitally signed by
LAKSHMINARAYANA KACHUVEENAHALLI RANGE
MURTHY RAJASHRI
Location: HIGH WILDLIFE RANGE, HUNSUR TALUK
COURT OF
KARNATAKA MYSURU DIST.-571 118
REP. BY S.P.P.
KARNATAKA HIGH COURT
BANGALORE-560 001
...RESPONDENT
(BY SRI. MOHD. AYUB ALI, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN CRIME NUMBER FOC NO.04/2025-
26 REGISTERED BY RANGE FOREST OFFICER
KACHUVEENAHALLI RANGE HUNSUR FOR THE OFFENCES
-2-
NC: 2026:KHC:8228
CRL.P No. 16487 of 2025
HC-KAR
PUNISHABLE UNDER SECTIONS 62, 84, 85, 86, 87 OF
KARNATAKA FOREST ACT 1963 R/W RULE 154, 144, 165 OF
KARNATAKA FOREST RULES 1969, WHICH IS PENDING TRIAL
BEFORE VIII ADDL.DISTRICT AND SESSIONS JUDGE AT
MYSURU SITTING AT HUNSUR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.1 under Section
483 of BNSS praying to grant bail in FOC No.4/2025-26
registered by the Range Forest Officer, Wildlife Range,
Hunsur, registered for offences punishable under Sections
62, 84, 85, 86, 87 of the Karnataka Forest Act, 1963 read
with Rules 154, 144, 165 of Karnataka Forest Rules, 1969.
2. Heard learned counsel for the petitioner and
learned Additional SPP for the respondent -State.
3. Learned counsel for the petitioner would
contend that the accused No.2 who is similarly placed to
that of this petitioner has been granted anticipatory bail by
this Court in Criminal Petition No.15901/2025 by order
NC: 2026:KHC:8228
HC-KAR
dated 06.01.2025. The petitioner is in judicial custody
since 28.09.2025 and as the charge sheet is filed, he is
not required for further custodial interrogation. Offences
alleged against the petitioner are not punishable either
with death or imprisonment for life. The maximum
sentence that can be imposed imprisonment which may
extend upto 10 years. There are no criminal antecedents
of the petitioner. With this, he prays to allow the petition.
4. Per contra, learned Additional SPP for the
respondent -State would contend that this petitioner has
been caught red handed in the midnight while he was
cutting the sandalwood trees. The offence alleged against
the petitioner is provided with minimum sentence of 05
years imprisonment, which may extend upto 10 years and
fine of Rs.50,000/-. If the petitioner is granted bail, there
are chances of him committing similar offence. With this,
he prayed to reject the petition.
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5. Having heard learned counsels, the Court has
perused FIR, complaint, charge sheet and other materials
placed on record.
6. The charge sheet indicates that forest officials
found three persons involved in cutting of sandalwood tree
and when they chased, two persons were caught and one
person ran away. The petitioner who was caught disclosed
the name of the person who ran away and he is accused
No.2. The forest officials have seized 24.5 kg of
sandalwood root and stem and 6.6 kg of sandalwood billet
from the spot along with other articles used for cutting the
tree. Now, investigation is over and charge sheet has been
filed. The petitioner is in judicial custody since 28.09.2025
and as the charge sheet is filed, he is not required for
further custodial interrogation. 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 upto 10
years. There are no criminal antecedents of the petitioner.
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HC-KAR
Considering the above aspects, the petitioner has made
out case for grant of bail with conditions.
7. In the result, the following
ORDER
i) The petition is allowed.
ii) The petitioner -accused No.1 is granted bail in
FOC No.4/2025-26 registered by the Range
Forest Officer, Wildlife Range, Hunsur, subject
to following conditions:
a) The petitioner -accused No.1 shall execute a
bail bond for a sum of Rs.1,00,000/- with
one surety for like sum to the satisfaction of
the jurisdictional Court.
b) The petitioner -accused No.1 shall not
tamper the prosecution witnesses either
directly or indirectly.
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c) The petitioner -accused No.1 shall attend the
trial Court on all dates of hearing unless
exempted and cooperate for speedy disposal
of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 73
