Abdul Razak Naduvinamane v. State of Karnataka - Bail Application

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [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
                                -2-
                                                NC: 2026:KHC-D:4253
                                        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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NC: 2026:KHC-D:4253 CRL.P No. 100386 of 2026 HC-KAR

(c) Such other order or direction as deemed fit in
the interest of justice be passed.

1. 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.

1. Heard the arguments of Sri Angadi Rajashekar,

learned counsel for petitioner/accused No.7 and Sri.Abishek

Malipatil, learned HCGP for the respondent/State.

1. The allegation against the petitioner/accused

No.7 is that he has cut down sandalwood tree and

committed theft of sandalwood tree. -4-

NC: 2026:KHC-D:4253 CRL.P No. 100386 of 2026 HC-KAR

1. 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, -5- NC: 2026:KHC-D:4253 CRL.P No. 100386 of 2026 HC-KAR

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. -6- NC: 2026:KHC-D:4253 CRL.P No. 100386 of 2026 HC-KAR

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