IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.539/2019 BETWEEN :
1. Naveen @ Prithvi S/o late Shanthappa Aged about 22 years Areyur Village, Abur Katte Post, Somwarpet Taluk Kodagu District-571 236.
2. Suresh S/o Nanjappa Aged about 28 years Narale Village, Abur Katte Post Somwarpet Taluk Kodagu District-571 236.
(By Sri M.N.Nehru, Advocate & Sri Hemachandra R. Rai, Advocate) AND :
State of Karnataka by Somwarpet Range Forest Officer Somwarpet, Kodagu District-571 236 Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) … Petitioners … Respondent 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 FIR No.299/2018 arising out of FOC No.42/2018-19 of respondent for an alleged offences punishable under Sections 9, 39, 48(A) and 51 and Wild Life Protection Act, 1972 and Section 71(A-G) of Karnataka Forest Act, 1963 by the respondent pending on the file of Principal Civil Judge and JMFC Court at Somwarpet, by allowing the memorandum of Criminal Petition filed under Section 438 Cr.P.C seeking pre-arrest anticipatory bail.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused Nos.1 and 2 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in FIR No.299/2018 arising out of FOC.No.42/2018-19 for the offences punishable under Sections 9, 39, 48A and 51 of Wild Life Protection Act, and Section 71(A-G) of Karnataka Forest Act, 1963 on the file of Principal Civil Judge and JMFC., Somwarpet.
2. I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 14.12.2018 at about 7.00 a.m., when the forest officials of Beluru were waiting near BTCG College at Somwarpet on having a credible information that two persons were proceeding on a motorbike, they stopped the motorbike and the said persons by stopping the motorbike, ran away in to the coffee estate leaving the motorbike and plastic bags. When officials tried to apprehend them, they ran away. After verification of the said plastic bags which were along with the motorbike bearing Regn.No.KA-12-J-8708, they found a dead forest rabbit and wild boar meat weighing 25 kgs. The dead rabbit was weighing 6 kgs. Mahazar was drawn and said articles and motorbike have been seized and a case has been registered.
4. It is the submission of the learned counsel for the petitioners-accused Nos.1 and 2 that petitioners are innocent and they have not committed any offence. He further submitted that during the month of December, there will be mist and it is very difficult to identify the petitioners and the say of the forest officials that they have identified the accused persons who ran away is not believable. He further submitted that they are not local villagers so as to identify the accused persons. He further submitted that if the officials were knowing the accused-petitioners then, definitely they could have called their names and stopped them. He further submitted that the petitioners are having families. The alleged offences are not punishable with death or imprisonment for life and they are ready to abide by the conditions and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners on anticipatory bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioners have been involved in serious offences punishable under the provisions of the Karnataka Forest Act and the Wild Life Protection Act. and if a person is found in possession of meat or animal, there is a presumption that the said person is in unlawful possession of the said goods and burden shifts on him to disprove the same. Petitioners were found with 25 kgs. of wild boar meat and 6 kgs. of forest rabbit and the said offence is considered to be serious. Even the motorbike of the petitioners has been seized at the place of the alleged incident. Still the investigation is in progress. If the petitioners-accused are released on anticipatory bail, they may abscond and may not available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint it reveals that when the forest officials received a credible information and were waiting, they found two persons coming on motorbike, when they tried to stop and apprehend them, they ran away from the place. Subsequently, when the plastic bags were verified, they were containing 25 kgs. of wild boar meat and 6 kgs. Of wild rabbit and the same was seized. I am conscious of the fact that under the Wiled Life Act, if a person is found in possession of any such meat or animal, a presumption can be drawn and contrary has to be proved by the accused. In the instant case, the said goods have not been seized from the possession of the petitioners- accused and they were not present when the same was seized and mahazar has been drawn. Even the contents of the complaint do not disclose the names of the petitioners. In that light, the said presumption cannot be drawn. Whether the petitioners have been involved in the alleged offence or not that is a matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life. Under such circumstances, I feel that by imposing some stringent conditions, if the petitioners-accused Nos.1 and 2 are ordered to be released on anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioners-accused Nos.1 and2 are granted anticipatory bail. In the event of his arrest in FIR No.299/2018 arising out of FOC.No.42/2018-19 for the offences punishable under Sections 9, 39, 48A and 51 of Wild Life Protection Act, and Section 71(A-G) of Karnataka Forest Act, 1963 on the file of Principal Civil Judge and JMFC., Somwarpet, the petitioners herein is ordered to be released, subject to the following conditions:-
i) Each of the petitioners shall execute personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) They shall surrender within fifteen days before the Investigating Officer.
iii) They shall not indulge in similar type of activities. In case if they indulge in similar type of offences and a report is filed in that regard, the prosecution is at liberty to move for cancellation of bail.
iv) They shall not leave the jurisdiction of the trial Court without prior permission.
v) They shall mark their attendance once in fifteen days before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
*ck/-
Sd/- JUDGE