[Cites 3, Cited by 0]
Karnataka High Court
Shri. Abdul Razak Naduvinamane S/O Ali ... vs The State Of Karnataka on 17 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4253
CRL.P No. 100386 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100386 OF 2026
(439 OF CR.PC/483 OF BNSS)
BETWEEN:
SHRI ABDUL RAZAK NADUVINAMANE,
S/O. ALI SAB NADUVINAMANE,
AGED ABOUT 34 YEARS,
R/O. KURUVINHAL KHANAPURA VILLAGE,
SIDAGI TQ., VIJAYAPURA DIST.-586128.
...PETITIONER
(BY SRI RAJASHEKHAR H. ANGADI, ADVOCATE.)
AND:
THE STATE OF KARNATAKA,
(THROUGH T.B.DAM POLICE STATION),
Digitally signed
by R/BY THE STATE PUBLIC PROSECUTOR,
MALLIKARJUN
RUDRAYYA
KALMATH
HIGH COURT OF KARNATAKA,
Location: High
Court of
DHARWAD BENCH, AT: DHARWAD-580011.
Karnataka,
Dharwad Bench ...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE (UNDER SECTION 483
OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING
TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON
BAIL WHO IS ARRAYED AS ACCUSED NO.7, PENDING ON THE
FILE OF SENIOR CIVIL JUDGE AND JMFC, HOSAPETE,
VIJAYANAGARA DISTRICT, IN CONNECTION WITH TB DAM,
HOSAPETE P.S. CRIME NO.47/2025, FOR THE ALLEGED OFFENCE
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CRL.P No. 100386 of 2026
HC-KAR
PUNISHABLE UNDER SECTION 86 OF KARNATAKA FOREST ACT-
1963 AND UNDER SECTION 310(2) BHARATIYA NYAYA SANHITA,
2023, TO MEET THE ENDS OF JUSTICE BY ALLOWING THE
PRESENT PETITION AND ETC.,.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
The petitioner/accused No.7 has filed this petition
under Section 439 of the Criminal Procedure Code, 1973
(Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023),
praying to enlarge the petitioner on bail with the following
prayer:
(a) Kindly allow the petition.
(b) Kindly enlarge the petitioner on bail who is
arrayed as accused No.7, pending on the file of
Principal Senior Civil Judge and JMFC,
Hosapete, Vijayanagara District, in connection
with TB Dam, Hosapete P.S. Crime
No.47/2025, for the alleged offences
punishable under Sections 86 of Karnataka
Forest Act, 1963 and under Section 310 (2),
BNS 2023 to meet the ends of justice, by
allowing the present petition.
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HC-KAR
(c) Such other order or direction as deemed fit in
the interest of justice be passed.
2. This petition is filed by the petitioner/accused
No.7 under Section 439 of the Criminal Procedure Code,
1973 (Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023), praying to enlarge the petitioner/accused
No.7 on regular bail in Crime No.47/2025 of T.B. Dam Police
Station, Vijayanagara, registered for the offence punishable
under Section 86 of the Karnataka Forest Act, 1963 and
under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023,
pending on the file of Principal Senior Civil Judge & JMFC
Court, Hosapete, Vijayanagara District.
3. Heard the arguments of Sri Angadi Rajashekar,
learned counsel for petitioner/accused No.7 and Sri.Abishek
Malipatil, learned HCGP for the respondent/State.
4. The allegation against the petitioner/accused
No.7 is that he has cut down sandalwood tree and
committed theft of sandalwood tree.
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5. The petitioner/accused No.7 is in custody since
09.12.2025. Learned HCGP submitted that the accused is
involved in another case. As per the prosecution, this is the
second case foisted against the petitioner. The petitioner
has committed theft of small pieces of bark of tree. The
offence alleged is neither punishable with death nor
imprisonment for life. Therefore, without expressing any
opinion on merits involved in the case, the petitioner is
entitled to be enlarged on bail with certain conditions.
Therefore, the petition is liable to be allowed. Hence,
I proceed to pass the following:
ORDER
i) The petition is allowed.
ii) The petitioner/accused No.7 is ordered to be
enlarged on bail in Crime No.47/2025 of T.B. Dam Police
Station, Vijayanagara, registered for the offence punishable
under Section 86 of the Karnataka Forest Act, 1963 and
under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023,
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pending on the file of Principal Senior Civil Judge & JMFC
Court, Hosapete, Vijayanagara District, subject to the
following conditions.
a) The petitioner shall execute a
personal bond for a sum of Rs.1,00,000/- along
with one surety for the like sum to the
satisfaction of the trial Court.
b) The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the Court.
c) The petitioner shall not tamper and
threaten the prosecution witnesses in any
manner.
d) The petitioner shall mark his
attendance before the concerned police station
on every Saturday between 11.00 a.m. to
02.00 p.m.
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e) The petitioner shall attend the Court
regularly during the trial without fail. If not
attend for consecutive two times it entails
cancellation of bail.
iii) Violation of any of the conditions imposed would
entitle the prosecution to move for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MRK
CT-AN
List No.: 1 Sl No.: 8
