IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION No.362/2019 BETWEEN:
Sri. Pradeep Gowda, S/o. Sri. Govinde Gowda, Aged about 28 years, Agriculturist, R/o. Halasoor village, Balehonnur Post, N.R. Pura Taluk, Chikkamagaluru District – 577 134.
(By Sri. K.S. Ganesha, Advocate) AND:
State by RFO, Balehonnur Range, Balehonnur, Chikkamagaluru District, Rep. by State Public Prosecutor, High court of Karnataka, Bengaluru – 560 001.
(By Sri. M. Divakar Maddur, HCGP) …Petitioner ...Respondent This Criminal petition is filed under Section 439 of Cr.P.C. praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in F.O.C.No.06/2018-19 (C.C.No.673/2018) by Range Forest Officer, Balehonnur, pending on the file of the Civil Judge and J.M.F.C., N.R.Pura, Chikkamagaluru District, for the offence P/U/S. 24(J) of Karnataka Forest Act and under Sections 9, 39, 50, 51, 50(4) of Wild Life (Protection) Act.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R This case is taken out of turn on the submission made by the learned counsel for the petitioner that the father of the petitioner – accused No.1 has been admitted to hospital and nobody is there to look after him and hence, the case be taken out of turn.
2. This petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. to release him on bail in F.O.C.No.06/2018-19 of Range Forest Officer, Balehonnur Range, for the offences punishable under Section 24(J) of Karnataka Forest Act, 1963 and Sections 9, 39, 50, 50(4) and 51 of Wild Life (Protection) Act, 1972 (C.C.No.673/2018).
3. I have heard learned counsel for the petitioner and learned High Court Government Pleader appearing for the respondent-State.
4. The gist of the complaint is that, on 07.09.2018 at about 9.30 a.m. when the forest officer along with his staff was waiting near Kabbinamane circle, at that time, two persons were coming on Hero Honda motor cycle bearing No. KA-18-S-7569 and when the forest officials intercepted them, the pillion rider ran away and escaped and the petitioner – accused was caught hold of and they enquired his name and address and also the name of accused No.2. Subsequently, when a bag found on the motor cycle was opened, they found two live Indian pangolins and the same were seized by drawing a mahazar and a case has been registered.
5. It is the submission of the learned counsel for the petitioner that already the investigation has been completed and charge sheet has been filed and the accused – petitioner is not required for custodial interrogation. He further submitted that accused Nos. 2 and 3 have been released on bail by this Court and accused No.4 has already been released by the trial Court. On the ground of parity, accused No.1 is also entitled to be released on bail. The offences alleged are not punishable with death or imprisonment for life. He is not having any criminal background and he is ready to abide by the conditions to be imposed by the Court and is ready to offer sureties. On these grounds, he prayed to allow the petition.
6. Per contra, learned HCGP appearing for the respondent-State vehemently argued and submitted that the petitioner/accused is the main accused and he is involved in a racket of transportation of wild life to foreign countries and in that light, he was transporting live Indian pangolins and if the petitioner/ accused is released on bail, again he is likely to indulge in similar type of wild life rackets. He further submitted that the petitioner/accused is a habitual offender and he is involved in a wild life racket and he may again indulge in such rackets. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions of the learned counsel for the parties and perused the records.
8. Before considering the merits of the case, it is painful to mention here that though several steps have been taken by the State to prevent wild life rackets, but in spite of such acts and enactments, there is no preventive and stringent process to control such activities. Such activities are increasing day by day, thereby endangering rare species like the Indian pangolin and such other animals which are on the verge of extinction. Strict action has to be taken in this behalf against persons involved in such criminal illegal wild life rackets and activities by bringing stringent enactments and imposing severe punishment.
9. The Registrar General is directed to send a copy of this order to the Chief Secretary, Government of Karnataka, to take proper steps in this behalf.
10. In the instant case on hand, the facts disclose that investigation has already been completed and charge sheet has also been filed and already accused Nos. 2 to 4 have been released on bail by this Court in Crl.P.No.7646 and 8070 of 2018 by order dated 10.12.2018 and 02.01.2019. Without expressing anything on the merits of the case, on the ground of parity, the petitioner/accused No.1 is ordered to be released on bail.
11. In the result, the petition is allowed. Petitioner is ordered to be released on bail in F.O.C.No.06/2018-19 (C.C.No.673/2018) of Range Forest Officer, Balehonnur Range, for the offences punishable under Section 24(J) of Karnataka Forest Act, 1963 and Sections 9, 39, 50, 50(4) and 51 of Wild Life (Protection) Act, 1972, subject to the following conditions;
i) Petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall regular in attending the trial. If he remains absent for a day, the trial Court is at liberty to cancel the bail and take him to custody.
iii) He shall not indulge in similar type of activities during the trial. If he involves himself in such activities, the bail granted by this Court will stand cancelled automatically.
Sd/- JUDGE Mgn/-