Sri.Ashoka Son of Narayana Rao. Vs. the State by Range Forest Officer. - Court Judgment

Excerpt:
[k.n.keshavanarayana, j.] code of criminal procedure (crpc) - section 439 - special powers of high court or court of session regarding bail -- this criminal petition is filed under section 439 cr.p.c praying to release the petitioners on bail in foc no. 12/2011-12 of range forest officer, balehonnuru range, chikmagalur district, for the offences punishable under sections 2(16), 9, 39, 50 (c) 51 and 55 of wild life (protection) act.1. in this petition filed under section 439 cr.p.c, the petitioners who have been arrayed as accused nos.6 and 7 in foc case nc.12/11-12 of range forest office, balehonnur, registered for the offences punishable under sections 2(16), 9, 39, 50(c), 51 and 55 of wild life protection act, 1972, have sought for an order to enlarge them on bail.2. the case of the prosecution in brief is that on 16.2.2012 while accused nos.1 to 4 were trying to transport skin of tiger and leopard in auto rickshaw bearing registration no.ka-18-a-3615 for the purpose of a¬selling them, the auto rickshaw was intercepted, accused nos.1 to 4 were caught hold and the skin of the tiger as well as leopard in the auto rickshaw were seized and later, on interrogation, accused no. 4 manjunath disclosed the killing of a female leopard by connecting live electric wire around his cattle shed and thereafter removing skin as well as the nails of the leopard and then selling two nails of leopard to each of these petitioners. pursuant to the said voluntary statement, these two petitioners were apprehended and from possession of each of these petitioners two nails of leopard were recovered. on that basis these two petitioners were arrayed as accused nos.6 and 7 and the complaint came to be lodged by the range forest officer before jurisdictional magistrate reporting the offences punishable under the wild life protection act. the petitioners, when produced before jurisdictional magistrate, were remanded to judicial custody. their application filed before jurisdictional magistrate as well as the learned sessions judge, chickmagalur came to be dismissed. therefore, the petitioners are before this court.3. the petition is opposed by the respondent state.4. i have heard both sides. perused the records made available.5. as noticed supra, even according to the complaint allegations the offence of killing the tiger and a leopard was against accused nos. 1 to 5. according to the prosecution, accused nos. 1 to 4 were caught red handed while transporting the skin of tiger and leopard. the complicity of these petitioners said to have been disclosed by accused no.4. the overt act attributed against these two petitioners herein is that each of them had received two nails of leopard from accused no.4. having regard to the facts and circumstances of the case, and the allegations made against these petitioners, this court is of the considered opinion that there are no reasonable grounds to believe that the petitioners are guilty of the offences alleged. therefore, the petitioners are entitled to be enlarged on bail.6. in the result, the petition is allowed the petitioners are ordered to be enlarged on bail in connection with case in foc case no. 12/11-12 of range forest office, balehonnui, on each of them executing a personal bond for a sum of rs.50,000/- with two sureties for the like-sum to the satisfaction of the jurisdictional magistrate and subject to further conditions that.i) the petitioners shall not indulge in any acts similar to the one alleged in the case;ii) the petitioners shall not tamper or terrorise the prosecution witnesses in any manner;iii) the petitioners shall appear before the trial court on all hearing dates withoutiv) the petitioners shall appear before the investigating officer as and when so required and co-operate in the investigation of the case andv) the petitioners shall not leave the jurisdiction of the trial court without express permission thereof.