Accused nos.1 and 2 in Crime No.75/2023, registered

by Panambur Police Station, Mangalore City for the

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offences punishable under Sections 48(A), 49(A), 2(32),

2(36), 51, 49(B), 39(b) & 39(d), 44, 50 & 51 of Wild Life

Protection Act, 1972 are before this Court in these two

petitions seeking regular bail.

2.

Heard the learned counsel for the parties.

3.

On the basis of complaint lodged by Sri Sudeep

M V, Sub Inspector of Police, the SHO of Panambur Police

Station had registered FIR in Crime No.75/2023 against

the petitioners herein and two others and the petitioners

were arrested in the case on 11.09.2023.

4.

The bail application of the petitioners in

Crl.Misc.No.838/2023 filed before the Court of I Addl.

District & Sessions Judge, D.K, Mangaluru was rejected on

25.09.2023. It is under these circumstances, the

petitioners are before this Court.

5.

Learned counsel appearing for the petitioners

having reiterated the grounds urged in the petition

submits that major portion of the investigation in the case

is complete. Maximum punishment for the alleged offences

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is imprisonment by 7 years. The petitioners have no

criminal antecedents. Accordingly, he prays to allow the

petition.

6.

Per contra, the learned HCGP has opposed the

bail application.

7.

The material on record would go to show that

on credible information, the informant who is a police

officer had raided the alleged spot on 11.09.2023 and had

arrested 3 accused persons who were found in possession

of "Ambergris" which is said to be a product from the

vomit of whale. The said article was seized and it totally

weighed 900 grams. The same was subjected to

panchanama and thereafter apprehended accused persons

were produced before the police and FIR was registered

against them and another who is said to be a persons who

had handed over Ambergris to the accused person. The

maximum

punishment

for

the

alleged

offences

is

imprisonment by 7 years. The petitioners have no criminal

antecedents. The article known as Ambergris which was in

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possession of the petitioners has been seized and

subjected to mahazar. Major portion of the investigation is

complete. Under these circumstances, I am of the view

that the petitioners have made out a prima facie case for

grant of regular bail. Accordingly, the following:

::ORDER::

The petitions are allowed.

The petitioners are directed to be enlarged on bail in

Crime No.75/2023, registered by Panambur Police Station,

Mangalore City for the offences punishable under Sections

48(A), 49(A), 2(32), 2(36), 51, 49(B), 39(b) & 39(d), 44,

50 & 51 of Wild Life Protection Act, 1972, subject to the

following conditions:

a)

The

petitioners

shall

execute

personal bond for a sum of Rs.1,00,000

(Rupees One Lakh only) each with two sureties

for the likesum, to the satisfaction of the

jurisdictional Court;

b)

The petitioners shall appear regularly

on all the dates of hearing before the Trial

Court unless the Trial Court exempts their

appearance for valid reasons;

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c)

The petitioners shall not directly or

indirectly

threaten

or

tamper

with

the

prosecution witnesses;

d)

The petitioners shall not leave the

jurisdiction

of

the

Trial

Court

without

permission of the said Court until the case

registered against them is disposed off.

SD/-

JUDGE

NMS