Sibi P.V. vs The State of Karnataka

V. Jagannathan, J.—Heard the Petitioner''s counsel and the learned Government Pleader for the State in respect of the anticipatory bail petition filed.

The submission of the Petitioner''s counsel is that, the Petitioner is one of the six accused persons against whom a case is registered in respect of the offences under Sections 2, 9, 39, 48A, 50 and 51 of the Wild Life (Protection) Act, 1972 and under Sections 3(1), 25 & 27 of the Arms Act, 1959 r/w Section 34 of the I.P.C. and the prosecution case, in short, is that, when the complainant was patrolling on 28.10.2010 at about 3.20 a.m., they checked a Quails vehicle which was coming from Gundy side and found that there were four persons in the vehicle along with five plastic bags containing 5 K. Gs. of wild animal flesh half baked and recovered from them a country single barrel gun and live cartridges.

Following the arrest of the said four persons, a case was registered even in respect of the present Petitioner merely on the basis of the voluntary statement said to have been made by the accused persons. It is therefore, submitted that the present Petitioner in no way involved either in the hunting of the animals or carrying the arms as he was not found in the vehicle that was seized by the police.

Having regard to the above submissions made and also after hearing the learned Government Pleader in this regard, I am of the view that the Petitioner can be granted on anticipatory bail by imposing conditions.

Accordingly, the petition is allowed and the Petitioner be released on bail in the event of his arrest in connection with Crime No. 223/2010 on his executing a personal bond for a sum of Rs. 50,000/- with two sureties for the like sum to the satisfaction of the arresting police officer. The Petitioner shall not tamper with the evidence and shall not hamper the investigation, but shall cooperate with the police in completion of the investigation and he shall also mark his attendance before the jurisdictional police station on every Sunday at any time between 10.00 a.m. and 5.00 p.m.