Bangalore District Court
Eshwari P N vs Sardgar Singh @ Sardar on 17 September, 2025
C.C.No.24004/2022
KABC030604542022
IN THE COURT OF THE II ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, BENGALURU CITY
Dated this 17th day of September 2025
PRESENT : SRI.SAHEEL AHMED S. KUNNIBHAVI, B.Com., LL.B.
(Spl.)
II Additional Chief Judicial Magistrate, Bengaluru City
JUDGMENT UNDER SECTION 355 OF Cr.P.C.
1.Sl. No. of the case C.C.No.24004/2022 Date of commission of the
2. 15.02.2016 offence (As per F.I.R.) Jayanagara Police Station,
3. Name of the complainant Bengaluru City.
4. Name of the accused 1. Syed Liyakath.
(Accused acquitted in Main C.C.No.8922/2018)
2. Sardar Singh @ Sardar, S/o Mattam, Aged about 28 years.
3. Manikyam, S/o Mattam, Aged about 45 years.
A2 and A3 are R/at No.4/105, Shikari Medu, Kurubarapalli Post, 2 C.C.No.24004/2022 Hosuru Taluk, Krishnagiri District, Tamilnadu.
Sections 9, 39, 40, 44, 49(B), 50 and 51 of the Wild Animal The offences complained
5. Protection Act and Sections of 379 and 429 of the Indian Penal Code
6. Plea of the accused Pleaded not guilty Accused No.2 and 3 are
7. Final order acquitted
8. Date of order 17.09.2024 The Police Sub-Inspector of Jayanagara Police Station, Bengaluru has filed Police Report against the above named accused No.1 to 3 alleging that they have committed the offences punishable under Sections 9, 39, 40, 44, 49(B), 50 and 51 of the Wild Animal Protection Act and Sections 379 and 429 of the Indian Penal Code. Accused No.1 is already acquitted in C.C.No.8922/2018. This is a split up case against accused No.2 and 3.
2. It is the case of the Prosecution that the informant is the Police Sub-Inspector of Jayangar Police Station. On 15.02.2016 at about 4.00 p.m. when he was in his Police 3 C.C.No.24004/2022 Station, he got a credible information that the accused near Jayanagara 4th Block in his Maruthi Omni car bearing its No.KA-14-M-1743 was trying to sell the Monitor lizards and Parrots to the public. Immediately, the PSI had been to the place of incident along with panchas and Police Staff. They found the accused was in his said Maruthi Car and trying to sell the Monitor Lizard and Parrots to the public. They rushed to him and caught hold. On enquiry, he told that he belongs to Krishnagiri, Tamilnadu and taken the said Monitor lizard and parrots from one Mr.Sardar and trying to sell to the public. Immediately, the PSI CW1 has conducted the Seizure panchanama and seized the two Monitor lizards and ten parrots along with the said Maruthi Omni car. He had been to the Police Station and lodged the information against the accused.
3. Based on the First Information of CW1, the crime was registered in Crime No.53/2016 at Jayanagara Police Station. Accused No.1 is already acquitted in C.C.No.8922/2018 as per Judgment dated 07.10.2024. This is a Split-Up case 4 C.C.No.24004/2022 against accused No.2 and 3. On 23.04.2025 accused No.2 and 3 were voluntarily surrendered before this Courtand were released on bail on 23.04.2025.
4. To prove the charges framed against accused No.2 and 3, the Prosecution has not produced any oral or documentary evidences. Since, there were no incriminating circumstances appearing in the evidences of the Prosecution witnesses against them, the examination of the accused No.2 and 3 under Section 313 of Cr.P.C. was dispensed with as the accused No.1 in the main criminal case No.8922/2018 was acquitted.
5. Heard the arguments of learned Senior Assistant Public Prosecutor and the learned counsel for accused No.2 and 3. Perused the materials available on record.
6. The points for determination are:-
1. Whether prosecution has proved the offence charged against accused No.2 and 3 for the offences punishable under Sections 9, 39, 40, 44, 49(B), 5 C.C.No.24004/2022 50 and 51 of the Wild Animal Protection Act and Sections 379 and 429 of the Indian Penal Code beyond reasonable doubt?
2. What order or sentence?
7. My answers to the above points are as follows:
Point No.1 : In the Negative, Point No.2 : As per final order for the following:-
REASONS
8. POINT No.1 :- It is the case of the Prosecution that these accused persons were trying to sell the wild animals of two Monitor lizard and ten parrots to the public. It is the case of the Prosecution that these accused persons belongs to Tamilnadu and taken this wild animals Monitor lizard and parrots to sell to the public.
9. Accused No.2 and 3 were reported absconded and NBW was issued against them since they were not secured. This case is a Split up case of accused No.1 in main C.C.No.8922/2018. Thereafter on 23.04.2025 accused No.2 6 C.C.No.24004/2022 and 3 were voluntarily surrendered before this Court and were released on bail on 23.04.2025.
10. The Hon'ble Supreme Court has ruled in many reports that when the trail was held against one of the accused in respect of the same offence and in the second round of the trial against the remaining accused, the evidence cannot be different from the one that was produced by the Prosecution in the earlier case. This Split up accused No.2 and 3 are also entitled for the said benefit of doubt as it was extended to his co-accused. Accused No.2 and 3 can be acquitted on benefit of doubt. The purpose will not be served in examining the same witnesses again. Accordingly, I answer Point No.1 in the Negative.
11. Point No.2: In view of the Negative findings on the above Point No.1, I proceed to pass the following:-
ORDERS Under Section 248(1) of Cr.P.C, accused No.2 and 3 are hereby acquitted for the offences punishable under 7 C.C.No.24004/2022 Sections 9, 39, 40, 44, 49(B), 50 and 51 of the Wild Animal Protection Act and Sections 379 and 429 of the Indian Penal Code.
Their bail bonds and surety bonds executed will be canceled after appeal period.
Office is hereby directed to keep the entire file along with Split up Criminal Case of accused No.1 in C.C.No.8922/2018.
(Typed by the Stenographer in the Court Computer on my direct dictation, printout taken, corrected and then pronounced by me in the Open Court on 17 th day of September 2025.) (SAHEEL AHMED.S.KUNNIBHAVI) II ACJM, Bengaluru City.
ANNEXURE Witnesses Examined on behalf of Prosecution :-
NIL 8 C.C.No.24004/2022 Documents marked on behalf of Prosecution :-
NIL Material objects marked on behalf of Prosecution :-
NIL Witnesses Examined on behalf of the accused :-
NIL Documents marked on behalf of the accused :-
NIL II ACJM, Bengaluru City.