IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2900 OF 2019 BETWEEN:
1. Mr. Rajashekara V.G. S/o Govinda Naika Aged about 35 years R/at Virupasandra Venkatarayana Doddi Kanakapura Taluk Ramanagara District - 562 159.
2. Mr. Linga Raja Naika S/o Peeka Naika Aged about 37 years R/at Manchana Doddi Venkatarayana Doddi Kanakapura Taluk Ramanagara District - 562 159.
3. Mr. Hemanth Kumar S/o Kenche Gowda Aged about 24 years R/at No.198, 2nd Cross Near Adarsha School Hosahalli, Mandya – 571 401. ... Petitioners (By Sri. K.J. Gopi, Advocate) AND:
State of Karnataka by Deputy Range Forest Officer Fore Mobile Squad, Mysuru Represented by Public Prosecutor City Civil Courts Complex Bengaluru – 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.874/2018 (F.O.C.No.26/2018-19) of Forest Mobile Squad, Mysuru for the offence punishable under Sections 2(16), 9, 39, 40, 43, 48(A), 49, 49-A, 51, 52, Schedule-1 Part-1 Sl.No.28 of Wild Life Protection Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in the event of their arrest pursuant to the proceedings initiated in F.O.C.No.26/2018-19. Subsequently, registered as Crime No.874/2018 for the alleged offence punishable under Sections 2(16), 9, 39, 40, 43, 48(A), 49, 49-A, 50, 51, 52, Schedule-1, Part-1, Sl.No.28 of Wild Life Protection Act, 1972.
2. The case of the prosecution is that the forest officials on receiving credible information that some persons were illegally transporting the Pangolin in Tata Zest car at Malavalli-Kanakpura main road, proceeded to the spot and on seeing vehicle, the forest officials attempted to stop the vehicle. Though, the vehicle was stopped, the inmates attempted to run away and the forest official succeeded in apprehending two accused persons and other three accused persons escaped from the spot. On the basis of the complaint, FIR was lodged and investigation is pending.
3. On the basis of voluntary statement, accused Nos.1 and 2 and the present petitioners are sought to be implicated.
4. Learned counsel for the petitioners contends that identity of accused persons is a matter to be concluded in accordance with procedure laid down. In light of accused Nos.1 and 2 having subjected themselves to custodial interrogation, no case is made out for custodial interrogation.
5. Learned High Court Government Pleader however contends that the fact that there were three other persons who escaped from the spot and were not available for Test Identification Parade, enlarging the petitioners on bail would entail appearing before the Investigating Officer which would vitiate Test Identification Parade. Hence, it is contended that petitioners are not to be enlarged on bail.
6. Having heard both the sides, it is noticed that accused Nos.1 and 2 have been enlarged on regular bail. There is substantial force in the contention of the petitioner that custodial interrogation of the petitioner may not be necessary in light of accused Nos.1 and 2 having subjected themselves to custodial interrogation, and also as the other accused are enlarged on bail.
7. As accused Nos.1 and 2 have already been enlarged on bail, case is made out for enlarging the petitioners on bail in the event of their arrest. It is also noticed that as per the submission of learned counsel for the petitioners, there are no criminal antecedents as regards the petitioners and the said fact remain uncontraverted. The Sessions Court has rejected the application of the petitioners observing that the offences are grave in nature.
8. In the result, the bail petition filed by the petitioners under Section 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in F.O.C.No.26/2018-19 in Crime No.874/2018 for the offences punishable under Sections 2(16), 9, 39, 40, 43, 48(A), 49, 49-A, 50, 51, 52, Schedule-1, Part-1, Sl.No.28 of Wild Life Protection Act, 1972, subject to the following conditions:
(i) The petitioners shall appear before the Court of Principal Senior Civil Judge and J.M.F.C, Malavalli in connection with proceedings in F.O.C.No.26/2018-
19 in Crime No.874/2018 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum to the satisfaction of the Court.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall physically present themselves and mark their attendance before the concerned Station House Officer once in a month between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
(vi) The petitioners shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(vii) The petitioners also to co-operate while conducting the Test Identification Parade as and when they are called upon to do so.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/-
JUDGE NR/-