Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4545 OF 2025 BETWEEN: JOHN PETER S/O. AROGYASWAMY AGED ABOUT 44 YEARS RESIDING AT SOMANAHALLI BANGALORE SOUTH BANGALORE - 560 082. …PETITIONER (BY SRI SURESH M CHARAMAGOL, ADV.) AND: STATE OF KARNATAKA BY BANNERGHATTA WILD LIFE ZONE DIVISION, BANGALORE REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
Digitally …RESPONDENT signed by NANDINI MS (BY SRI K. NAGESHWARAPPA, HCGP) Location: HIGH COURT THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) OF KARNATAKA PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CR.NO.6/2025 IN THE EVENT OF ARREST BY THE RESPONDENT DY RFO BANNERGHATTA WILD LIFE ZONE DIVISION, BANGALORE, HE MAY RELEASE ON BAIL FOR THE OFFENCES P/U/S 9,27,29,39(1)(a)(b),50,51,55,57 R/W 12 (14,16,20,32,36) OF WILD LIFE PROTECTION ACT, PENDING ON THE FILE OF ACJM, BANGALORE RURAL DISTRICT, BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY -2-
ORAL ORDER
Accused No.1 in WLOR No.6/2024-25 registered by Deputy Range Forest Officer, Bannerghatta Wild Life Division for the offences punishable under Sections 9, 27, 29, 39(1)(a)(b), 50, 51, 55, 57 R/w Sections 12, 14, 16, 20, 32, 36 of the Wild Life Protection Act, 1972 is before this Court under Section 483 of BNSS, 2023 seeking anticipatory bail.
2. Heard the learned counsel appearing for the parties.
3. Case in WLOR No.6/2024-25 was registered
against the petitioner herein and two others for the aforesaid offences. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.564/2025 before the jurisdictional Sessions Court, which was rejected on 31.01.2025. Therefore, he is before this Court. -3-
4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition.
5. Per contra, learned HCGP has opposed the bail petition.
6. Perusal of the material on record would go to
show that, based on the credible information received on 07.01.2025, the first informant along with his staff had raided the house of accused Nos.2 and 3 and from the said house, raw meat allegedly of wild boar and deer along with the carcass of Porcupine was recovered. Based on the statement of apprehended accused Nos.2 and 3, the petitioner herein was arraigned as accused No.1 in the FIR registered in the present case.
7. Undisputedly, the petitioner has no other
criminal antecedents. The alleged recovery is only from accused Nos.2 and 3 and based on their statement, the petitioner is arraigned as accused No.1 in the present case. The maximum punishment for the alleged offences is -4- imprisonment for a period of three years. The petitioner has undertaken to cooperate with the police for the purpose of investigation. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively.
8. Accordingly, the following:
ORDER
The Criminal Petition is allowed. The respondent - Police or any other police in the
State of Karnataka are directed to release the petitioner in the event of his arrest in WLOR No.6/2024-25 registered by Deputy Range Forest Officer, Bannerghatta Wild Life Division for the offences punishable under Sections 9, 27, 29, 39(1)(a)(b), 50, 51, 55, 57 R/w Sections 12, 14, 16, 20, 32, 36 of the Wild Life Protection Act, 1972 subject to the following conditions:
1. The Petitioner shall appear before the Investigating Officer within 15 days from -5-
the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS