Karnataka High Court
Abdul Rahim S/O. Raheman Sab vs The State Of Karnataka on 16 August, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16 t h DAY OF AUGUST 2022
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102110/2022
BETWEEN:
ABDUL RAHIM S/O. RA HEMAN SAB,
AGE. 79 YEARS , OCC. AGRI CULT URE,
R/O. SHIRALAK OPPA, TQ. S HIKARIPUR,
DIST. SHIVAMOGGA- 577428.
...PETITIONER
(BY SHRI HA RSHA WARDHAN M.PATIL, ADV OCATE)
AND:
THE STATE OF KARNATAKA,
BY RATTIHALLI POLICE STATI ON,
R/BY STATE PUBLI C PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH- 580011.
... RES PONDENT
(BY SRI.PRASHAN TH V. MOGA LI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C, S EEKING TO ENLARGE THE PETITION ER ON
ANTICIPATORY BAIL IN EVENT OF HIS ARREST BY THE
RATTIHALLI POLI CE STATION, IN PCR NO.16/ 2022 (WLRO
NO. 01/2022) PENDING ON THE FI LE OF S R.CIVIL J UD GE AND
JMFC, HIREKERUR FOR THE OFFENCES PUNISHABLE U/SEC24
OF KARNATAKA FOREST ACT , SECTION 2( 16) , 9, 39, 44,
48(A) , 50, 51 OF WILD LIFE PROTECTION A CT, 1972,
U/SEC.3, 4, 5, 25( A) OF THE ARMS ACT 1959 AND U/SEC.399
AND 402 R/W S ECTION 149 OF I PC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, T HE COURT MADE THE F OLLOWING:
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ORDER
This petition is filed by the sole accused under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for brevity) seeking anticipatory bail in PCR No.16/2022 (registered by Rattihalli Police Station WLRO No.01/2022) for the offences punishable under Sections 24 of Karnataka Forest Act and Section 2(16), 9, 39, 44, 48(A), 50, 51 of Wild Life Protection Act, 1972, under Section 3, 4, 5, 25(A) of Arms Act, 1959 and under Sections 399 and 402 read with Section 149 of The Indian Penal Code (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that on the credible information, the police intercepted one Bolero vehicle on 08.05.2022 and they found that the accused persons were traveling in the vehicle and they seized 2 blackbucks, one single barrel gun with 6 emptied cartridges under a panchanama and 3 sent the report. Accordingly, the report was considered as complaint by the learned Magistrate and registered a PCR No.16/2022. Accused Nos.1 to 5, who are arrested were remanded to judicial custody. This petitioner has been arrayed as accused No.6 on the accusation that he is a license holder of single barrel gun used by accused Nos.1 to 5 for hunting of blackbucks and his son handed over the said gun to accused No.1. Petitioner-accused No.6 apprehending his arrest has filed Criminal Miscellaneous No.353/2022 seeking anticipatory bail and the same came to be rejected by the learned II Addl. District and Sessions Judge, Haveri (Sitting at Ranebennur) by order dated 20.06.2022. Therefore, the petitioner is before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State. 4
4. It would be the contention of the learned counsel for the petitioner that, without knowledge of this petitioner-accused No.6, his son i.e, accused No.7 has handed over the licensed single barrel gun to accused No.1, who is his friend and there is no role of this petitioner-accused No.6 either in hunting the blackbucks or use of the said single barrel gun. It is his further submission that accused Nos.1 to 5 have been granted bail. As the report is filed, which is registered as PCR, therefore, the petitioner is not required for any investigation. The petitioner is a senior citizen, aged 79 years and he is ready to abide by the terms and conditions to be imposed by this Court. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader contended that, the petitioner being license holder of single barrel gun did not take care of his gun and his son handed over the same to accused No.1 for hunting of blackbucks. The P.M report of the 5 said two animals seized from the vehicle of accused Nos.1 to 5 reveal that the death of blackbucks is caused due to gunshot wound to the internal organs and Halal cut. It is his further submission that looking to the entire material enclosed to the private complaint, there is a prima-facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the records.
7. Accused Nos.1 to 5, who were caught red- handed along with two blackbucks in a Scorpio vehicle have been granted bail by this Court in Criminal Petition.No.101781/2022 vide order dated 06.07.2022. The accusation leveled against this petitioner is that his licensed single barrel gun has 6 been handed over by his son i.e, accused No.7 to accused No.1 for the purpose of hunting the blackbucks. It is submitted by learned counsel for the petitioner that his son handed over the gun to accused no.1 without his knowledge. The offences alleged against the petitioner are not punishable with death or imprisonment for life. As the report is filed, which is registered as private complaint, the petitioner is not required for any custodial interrogation. The petitioner is ready to cooperate with the police officer in any further investigation and also ready to abide by the terms and conditions to be imposed by this Court. There are no criminal antecedents against the petitioner.
8. The main objection of the prosecution is that, if the petitioner is granted anticipatory bail, he will tamper the prosecution witnesses and flee from justice, could be met with by imposing stringent conditions.
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9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.6 is ordered to be released on bail in the event of his arrest in Private Complaint No.16/2022 (registered by Rattihalli Police Station WLRO No.1/2022), subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii. The petitioner shall voluntarily appear before the jurisdictional Court within fifteen 8 days from today and execute personal bond and furnish surety.
iii. The petitioner shall not indulge in tampering the prosecution witnesses.
iv. The petitioner shall attend the Court on all the dates of hearing, unless exempted, and co-operate in speedy disposal of the case.
Sd/-
JUDGE AM