Mallikarjunappa vs State of Karnataka

V. Jagannathan, J.—Heard both sides in respect of anticipatory bail sought by the Petitioner against whom a case is registered in Cr. No. 140/10 in respect of the offences punishable under Sections 9 & 51 of Wild Life Protection Act and Sections 135 & 138 of Electricity Act.

The allegation is that the Petitioner is responsible for the death of an elephant and according to the prosecution, the Petitioner had fenced his land and had allowed the electricity to pass through the fenced wire unauthorisedly and this led to the death of an animal.

Submission of the Petitioner''s Counsel is that, the said elephant was not found in the land of the Petitioner and away from the Petitioner''s land and that the Petitioner came to know the said fact only when he was told by the forest guards and more over, the Petitioner has not fenced his land, Apart from that, the Petitioner being the permanent resident of Kundekeri village of Gundlupet taluk, would co-operate with the police for investigation.

Though the submission made by the learned Addl. SPP for the State is that, the case is under investigation, having regardto the nature of the allegations made and the offences alleged against the Petitioner and elephant was also found to be dead away from the land of the Petitioner, he can be granted anticipatory bail by imposing conditions to safeguard the prosecution interest.

In the result, petition is allowed and anticipatorybail is granted to the Petitioner, subject to fee following conditions:

(i) Petitioner shall be released on bail in the event of his arrest in Cr. No. 140/10 by Terekanambi police, on his executing a personal bond for a sum of Rs. 25,000/- with two sureties for the likesum to the satisfaction of the arresting police officer.

(ii) He shall not tamper or attempt to tamper the prosecution evidence.

(iii) He shall not give threat to the prosecution witnesses in any manner.

(iv) He shall attend the Court on all dates of hearing.

(v) He shall co-operate with the police for investigation.

(vi) He shall not involve himself in the offence of like nature in future.

(vi) He shall mark his attendance before the jurisdictional police station on every Saturday between 10 a.m., and 5 p.m.