IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1423 OF 2017 BETWEEN:
1. Attar Ahmed, S/o late Mohammed Yusuf, Aged about 67 years, Agriculturist, R/at Hiba Coffee Land, Udayavar Post, Sakaleshpura, Hassan – 573 134.
2. Mohammed Rizwan @ Md.Rizwan, S/o Soukathali, Aged about 36 years, Agriculturist, R/at Chikkakunda, Huvaikudi, Somavarpet, Kodagu District – 571 236.
3. Syed Aman, S/o Mir. Amanulla, Aged about 30 years, Engineer, R/at 2nd Cross, 2nd Main, 1st Floor, Door No.12, Kanakanagara, R.T. Nagar Post, Bangalore – 560 021.
4. Mohammed Sameer Ahmed, S/o Attar Ahmed, Aged about 29 years, Coffee Planter, Hiba Coffee Land, Udayavar Post, Sakaleshpura, Hassan – 573 134.
5. Aruna, S/o Annappa, Aged about 23 years, Coolie, 6. Prasanna, S/o Manjunatha, Aged about 18 years, Coolie, 7. Chetan, S/o Annappa, Aged about 26 years, Coolie, 8. Harish, S/o Manja, Aged about 25 years, Coolie, Petitioner No.5 to 8 Are all residents of Mahal, Bisagni Mutt Post, Chikmagalur – 577 101.
(By Sri. Hemachandra R Rai, Advocate for Sri. M.N. Nehru, Advocate) AND:
State of Karnataka, By Range Forest Officer, Tannigebylu Range, Kemmannugundi Sub – Division, ... Petitioners Chikmagalur Kemmanagundi P.S., S.P.P., High Court of Karnataka, Bangalore.
(By Sri. S. Vishwamurthy, HCGP) ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in FOC No.02/2016-17 of Range Forest Officer, Tannigebylu Range, Kemmannugundi Sub – Division, Chikkamagaluru, for the offences P/U/S 9, 27, 31, 39, 71 – A, 50, 51, 52 and 55 of the Wild Life Protection Act.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER Heard Sri. Hemachandra Rai, , learned counsel for the petitioners and Sri. Vishwamurthy, learned HCGP for the respondent – State.
2. Sri. Hemachandra Rai, learned counsel for the petitioners submit that since the petitioners No. 5 to 8 have taken papers from him with his no objection certificate, he is not pressing his petition in respect of those petitioners.
The submission of the learned counsel is placed on record. Accordingly, petition in respect of Petitioners No. 5 to 8 is dismissed as not pressed. However, liberty is reserved for these petitioners to file fresh petition, if so advised.
3. The petitioners No. 1 to 4 are arrayed as accused persons in the Fir registered by the Range Forest Officer in FOC No. 2/2016-17 in respect of the offence punishable under Sections 9, 27, 31, 29, 71(A), 50, 51, 52, 55 of the Wildlife Protection Act.
4. As per the submission at the Bar, now the charge sheet is field. The allegations of the prosecution is that the accused persons traveled to Wild Life Sanctuary – Tanigebail, Mudigere, Kemmangundi Sub-Division in two jeeps, hunted two Sambar animals, pealed off the skin and were transporting the same in the vehicle.
5. The learned counsel for the petitioners submits that very registration of the case is in violation of Section 55 of the Wild Life (Protection) Act, 1972. That apart, petitioners are in custody since 01.01.2017 and the alleged offences are not punishable with major punishment. In the given circumstance, they may be enlarged on bail.
5. Learned HCGP strongly opposes the petition.
6. However, having regard to the nature of the allegations, there is no impediment to allow the petition. Accordingly, petition is allowed. Petitioners are enlarged on bail on each of them executing a self bond for a sum of Rs.50,000/- (Fifty Thousand Rupees Only) with one local surety for the likesum to the satisfaction of the concerned court.
They shall attend the court regularly on all the dates of hearing and shall not indulge themselves in any illegal activities Sd/- JUDGE Bsv