This petition is filed under Section 438 of Cr.P.C. praying

this Court to enlarge the petitioner on bail in the event of his

arrest in respect of WLOR No.03/2022-23 registered by the

Range Forest Officer, Doddalanahalli Branch, Kanakapura Taluk,

Ramanagara District for the offences punishable under Sections

9, 27, 29, 39, 44 read with Section 50 and 51 of the Wild Life

(Protection) Act.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case is that on 24.05.2022,

the respondent-Forest Range Officer submitted a wildlife offence

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report alleging that accused Nos.1 and 2 have been arrested

nearby Bendagodu check-post when they have carried two dead

monitor lizard and a live monitor lizard which are hunted

unauthorisedly and an old stuffed skin of deer in a plastic bag on

a motor bike and they have been arrested at the spot and during

the course of enquiry, they discloses their names and this

petitioner was absconded from the spot. Based on the

complaint, the case was registered against this petitioner along

with other accused persons for the aforesaid offences.

4.

The learned counsel appearing for the petitioner

would submit that this petitioner was not there at the spot and

the specific allegation is against accused Nos.1 and 2 since they

were in a position of meat and only wildlife report is also placed

before the Court in that there is no specific allegation against

this petitioner that he had indulged in committing the aforesaid

offences and accused Nos.1 and 2 have been enlarged on bail

before the Trial Court and prayed to allow the petition.

5.

Per contra, the learned High Court Government

Pleader appearing for the State would submit that in the

complaint, an allegation is made that this petitioner is absconded

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from the spot and accused Nos.1 and 2 have been arrested when

they were in a position of meat and also the skin of a deer in a

plastic bag hence, there is a prima facie case against this

petitioner and prayed to dismiss the petition.

6.

Having heard the respective counsel appearing for

the parties and also on perusal of the material available on

record it discloses that accused Nos.1 and 2 have been arrested

at the spot and only allegation against this petitioner is that he

absconded from the spot and the role of this petitioner in the

alleged crime is not stated in the report. When such being the

case, having taken note of the allegation made against this

petitioner and accusations made in the complaint, it is a fit case

to exercise the discretion in favour of the petitioner.

7.

In view of the discussions made above, I pass the

following:

ORDER

The

petition

is

allowed.

Consequently,

the

petitioner/accused No.3 shall be released on bail in the event of

his arrest in connection with WLOR No.03/2022-23 registered by

the Range Forest Officer, Doddalanahalli Branch, Kanakapura

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Taluk, Ramanagara District for the offences punishable under

Sections 9, 27, 29, 39, 44 read with Section 50 and 51 of the

Wild Life (Protection) Act, subject to the following conditions:-

(i)

The petitioner shall surrender himself before

the Investigating Officer within ten days from

the date of receipt of a certified copy of this

order and shall execute a personal bond for a

sum of Rs.2,00,000/- (Rupees Two Lakhs only)

with two sureties for the like-sum to the

satisfaction of the concerned Investigating

Officer.

(ii)

The petitioner shall not indulge in hampering

the investigation or tampering the prosecution

witnesses.

(iii)

The

petitioner

shall

co-operate

with

the

Investigating

Officer

to

complete

the

investigation and he shall appear before the

Investigating Officer, as and when called for.

(iv)

The petitioner shall not leave the jurisdiction

without prior permission of the Investigating

Officer till the charge sheet is filed or for a

period of three months, whichever is earlier.

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(v)

The petitioner shall mark his attendanc