IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 06TH DAY OF AUGUST 2012 BEFORE
THE HON'BLE MR.JUSTICE V.JAGANNATHAN CRIMINAL PETITION NO.3747/2012 BETWEEN:
1. Sri.Prabhakar Hegde
Aged aboiut 45 years
Aged about 24 years
Aged about 39 years
4. Swamy Gowda
S/o. Beere Gowda
Aged about 40 years
All are residing at Kalabochanahalli Village, Hunsur Taluk, Mysore District. ...PETITIONERS
(By Sri. P.Mahesha, Adv.) AND:
State of Karnataka
By Station House Officer
Hunsur Rural Police Station Hunsur,
Mysore District. ...RESPONDENT (By Sri. B. Rajasubramanya Bhat, HCGP) 2
This Crl.P. is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr. No.193/2012 of Hunsur Rural P.S., Mysore Dist., which is registered for the offence p/u/s 9 & 51 of Wild Life Protection Act, 1972 and Sec. 3 and 27 of Indian Arms Act, 1959. This Crl.P. coming on for orders this day, the Court made the following:- ORDER
Heard the petitioners' counsel and learned HCGP for the respondent-State in respect of anticipatory bail sought by the petitioners against whom a case is registered in Cr.No.193/12 for the offences punishable under Sections 9 and 51 of the Wild Life Protection Act, 1972 and Sections 3 and 27 of the Indian Arms Act, 1959.
2. Petitioners' counsel submit that the elephant which was found dead was far away from the land of the petitioners and secondly, elephant will not cause any damage to the ginger crop and due to political reasons, the petitioners have been made as the 3
accused in the case. It is also submitted that they will co-operate with the I.O. for investigation.
3. Taking the above submissions into account, petitioners can be granted the relief of anticipatory bail by imposing conditions to safeguard the prosecution interest.
4. Hence, I pass the following order:- Petition is allowed and anticipatory bail is granted to the petitioners, subject to the following conditions:-
(i) Petitioners shall be released on bail in the event of their arrest in Cr.No.193/12 of Hunsur Rural police, on each of them executing a personal bond for a sum of Rs.50,000/- with two sureties for the likesum to the satisfaction of the arresting police officer.
(ii) They shall not tamper any of the prosecution witnesses.
(iii) They shall not give threat to the witnesses in any manner.
(iv) They shall assist the I.O. for investigation and shall appear before him as and when they are called upon to do so.
(v) They shall not involve themselves in the offences of like nature in future. Sd/-