IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6936/2017 Between 1. G.R. Thammaiah @ Suresh S/o Late Ramaiah, Aged about 51 years, Nagarahalli village, Kundahalli Post, Shanthahalli Hobli, Somavarapet Taluk, Kodagu District-571 236.
2. Uday, S/o Ponnappa, Aged about 34 years, Kooti Village, Tokanuru Shettahalli Post, Somavarapet Taluk, Kodagu, Coorg Dist-571 236. ...Petitioners (By Sri Prakash Salmani, Adv.) And The State of Karnataka, By Range Forest Officer, Chamarajanagar, Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001 ...Respondent (By Sri S.Vishwamurthy, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in FOC No.3/2017 of Range Forest Officer, Chamarajanagara for the offences punishable under Sections 39, 50, 51 and 55 of Wild Life Protection Act and Sec. 2(11) (16) (35) (36) and 37(2) of Arms Act.
This petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners apprehend arrest by the respondent-RFO in FOC No. 3/2017-18 registered in respect of the offences punishable under Sections 9, 39, 50, 51, 55 r/w Section 2 (11) (16) (35) (36) of Wild Life Protection Act, 1972 and under Section 37(2) of Arms Act.
2. The allegation is, accused Nos.1 to 4 had hunted two wild boars, they were caught while transporting the same in the car but out of them only accused Nos.2 and 3 could be arrested and this petitioner disappeared; on the disclosure made by arrested accused persons, these petitioners were arrayed as accused Nos.1 and 4.
3. Learned counsel for the petitioners submits that neither of them is the owner of the vehicle seized by the Investigating Officer nor did they indulged in the offence alleged against them. However, they are permanent residents of cause title address and they have no criminal background. If anticipatory bail is granted they will appear before the Investigating Officer and cooperate with further investigation.
Having regard to the facts and circumstances, Petition is allowed. Petitioners are granted anticipatory bail in FOC No.3/2017-18 registered by the respondent-RFO, subject to the following conditions:
(1) They shall forthwith appear before the respondent-Investigating Officer; and in that event, the Investigating Officer is at liberty to interrogate them.
(2) In the event of their arrest, they shall be released on bail on each of them executing a self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
Sd/- JUDGE Mkm*