IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.2247 OF 2017 BETWEEN:
1. MUNISHETTY, S/O. LATE RANGASHETTY, AGED ABOUT 50 YEARS, OCC: AGRICULTURIST, R/AT HOSAHALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571 439.
2. CHINNAVENKATABOVI, S/O. LATE VENKATABOVI, OCC: AGRICULTURIST, AGED ABOUT 57 YEARS, R/AT HOSAHALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571 439.
3. SANNAMAREGOWDA, S/O. LATE THIMMEGOWDA, OCC: AGRICULTURIST, AGED ABOUT 51 YEARS, R/AT HOSAHALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571 439.
4. VIJI @ VIJAYA, S/O. MUNIMARA, AGED ABOUT 23 YEARS, OCC: AGRICULTURIST, R/AT HOSAHALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571 439.
... PETITIONERS (BY SRI. K.A. CHANDRASHEKARA, ADV.) AND:
STATE BY RANGE FOREST OFFICER, COUDALLI WILD LIFE OFFICER, KOLLEGAL TALUK, CHAMARAJNAGARA DIST-571439, STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA, BENGALURU-560 001.
(BY SRI. K. NAGESHWARAPPA, HCGP) ... RESPONDENT THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN F.O.C.9/2016-17 OF R.F.O., COUDALLI WILD LIFE AREA, KOLLEGAL TALUK, CHAMARAJANAGARA DISTRICT, NOW PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC, KOLLEGALA REGISTERED FOR THE OFFENCE P/U/S 9, 27(1), 29, 31, 39, 51 R/W 2(15), (16), (20), (26), (35), (37) OF WILD LIFE PROTECTION ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned Government pleader for the respondent/State.
2. The respondent/RFO has presented a complaint in his F.O.C.9/2016-17 dated 03.02.2017 before the jurisdictional court against the petitioners (accused Nos.1, 2, 3, 4 and another) in respect of the offence punishable under Sections 9, 27(1), 29, 31, 39, 51 r/w 2(15), (16), (20), (26), (35), (37) of Wild Life Protection Act, 1972.
3. The allegation is that the accused persons entered the Coudalli Wild life forest, hunted a deer, peeled its skin and cut the meat. They were arrested at the spot on 03.02.2017. The offences are triable by the JMFC Court. It is already 82 days since they are remanded to Judicial custody. By looking into the nature of the allegations against the petitioners, their continuity detention for the purpose of further investigation is not required and in such circumstances, there is no impediment to allow the petition.
4. Accordingly, petition is allowed. The petitioners are enlarged on bail in F.O.C.9/2016-17 of R.F.O., Coudalli Wild Life Area, Kollegal Taluk, Chamarajanagara District, on the following conditions:
(i) They shall execute a self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety each for the likesum to the satisfaction of the concerned court.
(ii) They shall co-operate with the Investigating Officer during the further course of investigation.
Sd/- JUDGE snc