Back
2023 Supreme(Online)(KAR) 10403
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.5952 OF 2023
C/W
CRIMINAL PETITION No.5741 OF 2023
CRIMINAL PETITION No.5788 OF 2023
IN CRIMINAL PETITION No.5952 OF 2023
BETWEEN:
1 . SRI SAMPANNA MUTALIK
S/O VIJAYA RAO MUTALIK
OCC: PRIVATE EMPLOYMENT
AGED ABOUT 55 YEARS
R/AT A1, 1ST CROSS,
OPP. 1ST BUS STOP,
BAPUJI VIDYANAGARA
DAVANAGERE
KARNATAKA – 577 005.
2 . SRI KARIBASAPPA G. M.,
S/O. MAHESHWARAPPA G. B.,
OCC: PRIVATE EMPLOYMENT
AGED ABOUT 57 YEARS
R/AT NO. 63, ARAKERE, HONNALI
DAVANAGERE
KARNATAKA – 577 217.
... PETITIONERS
(BY SRI H.S.CHANDRAMOULI, SENIOR COUNSEL AND
SRI PRATEEK CHANDRAMOULI, ADVOCATE)
R
2
AND:
1 . STATE OF KARNATAKA
BY THE ASSISTANT CONSERVATOR OF
FOREST, DAVANAGERE
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
2 . SRI S.K.DEVARAJ
THE RANGE FOREST OFFICER
DAVANAGERE RANGE
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
... RESPONDENTS
(BY SRI JAGADEESHA B. N., ADDL. SPP. FOR R1 AND R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN
C.C.NO.2319/2023 (IN PCR NO.933/2022) REGISTERED AGAINST
THE PETITIONER HEREIN ARRAIGNED AS ACCUSED NO.1 AND 2
FOR THE OFFENCE P/U/S.51 OF THE PROTECTION OF WILDLIFE
ACT 1972 AND SEC. 465 AND 201 OF IPC PENDING ON THE FILE
OF THE Ld.II ADDITIONAL CIVIL JUDGE AND JMFC DAVANAGERE.
IN CRIMINAL PETITION No.5741 OF 2023
BETWEEN:
SRI S.S.GANESH
S/O SRI S.SHIVASHANKARAPPA
3
OCC: INDUSTRIALIST
AGED ABOUT 62 YEARS
R/AT NO.2634/1, SHAMNUR ROAD
MCCB BLOCK, DAVANAGERE
KARNATAKA – 577 004.
... PETITIONER
(BY SRI H.S.CHANDRAMOULI, SENIOR COUNSEL AND
KUM. KEERTHANA NAGARAJ, ADVOCATE)
AND:
1 . STATE OF KARNATAKA
BY THE ASSISTANT CONSERVATOR OF
FOREST, DAVANAGERE
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
2 . SRI S.K.DEVARAJ
THE RANGE FOREST OFFICER
DAVANAGERE RANGE
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
... RESPONDENTS
(BY SRI JAGADEESHA B. N., ADDL. SPP. FOR R1 AND R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN
C.C.NO.2319/2023 (IN PCR NO.933/2022) REGISTERED AGAINST
THE PETITIONER HEREIN ARRAIGNED AS ACCUSED NO.7 FOR THE
OFFENCE P/U/S.51 OF THE PROTECTION OF WILDLIFE ACT 1972
4
AND SEC.465 AND 201 OF IPC PENDING ON THE FILE OF THE Ld.
ADDITIONAL CIVIL JUDGE AND JMFC DAVANAGERE.
IN CRIMINAL PETITION No.5788 OF 2023
BETWEEN:
MR. S.S.MALLIKARJUNA
S/O SHAMNUR SHIVASHANKARAPPA
AGED ABOUT 56 YEARS
R/AT NO.2636/1, “SHIVAPARVATHI”
MCC (B) BLOCK, DAVANAGERE
KARNATAKA – 570 004.
... PETITIONER
(BY SRI SANDESH CHOUTA, SENIOR COUNSEL REPR., AND
SMT. LEELA P.DEVADIGA, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA
BY DEPARTMENT OF FOREST
BY RANGE FOREST OFFICER
DAVANAGERE RANGE,
DAVANAGERE
REP. BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BENGALURU – 560 001.
2 . SRI S.K.DEVARAJ
S/O NOT KNOWN
AGED ABOUT NOT KNOWN
RANGE FOREST OFFICER
DAVANAGERE RANGE
5
DAVANAGERE – 577 002.
... RESPONDENTS
(BY SRI JAGADEESHA B. N., ADDL. SPP. FOR R1 AND R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C.,
PRAYING
TO
QUASH
THE
FINAL
REPORT
DATED
08.05.2023 PRODUCED AT ANNEXURE C IN C.C.NO.2319/2023 AND
ALL FURTHER PROCEEDINGS IN C.C.NO.2319/2023 PURSUANT
THERETO PENDING ON THE FILE OF THE 2nd ADDITIONAL CIVIL
JUDGE
AND
JMFC
JUDGE,
DAVANAGERE
FOR
OFFENCE
P/U/S.39,47,48,49,52,40(1),40(2),58 R/W SEC.51 OF WILDLIFE
(PROTECTIONS) ACT 1972 AND SEC.465,201 OF IPC PRODUCED AT
ANNEXURE A INSOFAR AS PETITIONER IS CONCERNED.
THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 18.08.2023, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
Batch of these petitions are preferred by the accused in a
solitary crime. Different petitions are preferred by different
accused. Criminal Petition No.5952 of 2023 is preferred by accused
Nos.1 and 2; Criminal Petition No.5788 of 2023 is preferred by
accused No.4 and Criminal Petition No.5741 of 2023 is preferred by
accused No.7. They are all accused in Criminal Case No.2319 of
6
2023 pending before the II Additional Civil Judge and JMFC,
Davanagere. Since facts that trigger registration of the crime are
common, these petitions are taken up together and considered by
this order.
2. Facts, in brief, adumbrated are as follows:
(I) Criminal Petition No.5952 of 2023:
(a) It is the case of the prosecution that it received credible
information that an unknown person by name Senthil was standing
in front of S.V. Complex, No.19, Bellary Road, Bengaluru and was
found selling skin, antlers and teeth of wild animals. On such
information being received, the sleuths of Hebbala Police Station
with panchas apprehended Senthil and seized items mentioned
supra. The jurisdictional police then registered a Forest Offence
Crime (‘FOC’) in FOC No.1 of 2022 for offences punishable under
Sections 39, 40, 48(a), 49(b), 50, 51, 55(b) of the Wild Life
(Protection) Act, 1972 (hereinafter referred to as ‘the Act’ for
short).
7
(b) Mr. Senthil was interrogated and thereafter, he was
arrayed as accused No.1. He tenders his voluntary statement that
he was rearing wild animals on instructions of the owner of
Kalleshwar Rice Mills located in Anekonda, Davanagere District.
Based on the said information, the Women Protection Wing of the
CCB along with staff and panchas searched Kalleshwar Rice Mill and
drew up a mahazar. The search was conducted on 21-12-2022.
The product of the search was communicated to the Assistant
Conservator of Forests, Davanagere for further action. The Range
Forest Officer then files a written complaint before the Judicial
Magistrate First Class, Davanagere under Section 200 of the Cr.P.C.
against three persons viz., Sampanna, G.M. Karibasaiah and
Senthil. Sampanna and G.M. Karibasaiah are petitioners in the
subject petition. The offences alleged in the said private complaint
are the ones punishable under Sections 9, 39, 44, 48(a) and 51 of
the Act. The crux of the complaint was that, on 21-12-2022 the
complainant along with his staff members had visited the godown
behind Samson Distilleries located in Anekonda Village, Davanagere
Taluk wherein, the complainant found items specified, that were
illegally kept in unlawful possession of the said accused. The
8
learned Magistrate on filing of the complaint, acting under Section
190(1)(a) of the Cr.P.C. takes cognizance of the offence under
Section 51 of the Act. A direction was issued to investigate into the
offence acting under Section 202(1) of the Cr.P.C., to the Assistant
Conservator of Forests, Davanagere to conduct investigation and
submit a report on or before 21.02.2023. The Investigating Officer
then seeks all the documents pertaining to FOC No.1 of 2022, which
was registered at Bangalore from the office of the CCB, which had
conducted a search at Davanagere. After the said investigation, the
Assistant Conservator of Forests registers a FIR under Rule 65(1) of
the Karnataka Forest Manual for offences punishable under Sections
9, 40, 42, 42(a), 44, 48(a), 51 and 57 of the Act. Accused No.4 is
added into these proceedings. Accused No.4 is the petitioner in the
companion petition. On 29-04-2023, the Deputy Conservator of
Forests seeks details of the investigation undertaken by the
Investigating Officer along with statements of the accused recorded
during investigation. As directed by the learned Magistrate, final
report was filed before the Court on 08-05-2023. On 08-05-2023,
on perusal of the final report, the learned Magistrate takes
cognizance yet again against all the accused – accused Nos.1 to 7,
9
who were named in the final report for offences punishable u
