1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON9BLE MR.JUSTICE K.NATARAJAN

WRIT PETITION No.14693/2021 (GM-RES)

BETWEEN:

M.K. MUTHAPPA

S/O KALAPPA

AGED ABOUT 77 YEARS

RESIDING AT CHIKKATHURU

VILLAGE, KUSHALANAGARA HOBLI,

SOMAVARPET TALUK,

KODAGU DISTRICT,

PIN CODE - 571 201.

DULY REPRESENTED BY

POWER OF ATTORNEY HOLDER

M. AJITH MUTHAPPA

S/O. M.K. MUTHAPPA

AGED ABOUT 37 YEARS

RESIDING AT CHIKKATHURU

VILLAGE, KUSHALANAGARA HOBLI,

SOMAVARPET TALUK,

KODAGU DISTRICT,

PIN CODE - 571 201

... PETITIONER

(BY SRI. MAHADEVA R.K., ADVOCATE)

AND:

STATE OF KARNATAKA

BY DEPUTY RANGE FOREST OFFICER

ARAKALAGUDU RANGE

ARAKALAGUDU TALUK

HASSAN DISTRICT

&RESPONDENT

(BY SRI. MAHESH SHETTY, HCGP)

2

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF

THE CODE OF CRIMINAL PROCEDURE PRAYING TO ALLOW THE

PETITION AND QUASH/SET ASIDE THE ORDERS PASSED BY

THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT HASSAN IN

CRL.RVN.PTN.NO.135/2020

DATED

25.06.2021

VIDE

ANNEXURE-A AND CONFIRMED BY THE ORDER PASSED BY

THE ADDITIONAL CIVIL JUDGE AND JMFC AT ARAKALAGUDU IN

FOC NO.29/2019-2020 DATED 05.02.2020 VIDE ANNEXURE-B

AND ALLOW THE APPLICATION U/S 457 OF THE CODE OF

CRIMINAL

PROCEDURE

AND

FURTHER

DIRECT

THE

ADDITIONAL CIVIL JUDGE AND JMFC AT ARAKALUGUDU TO

RELEASE THE DB BL GUN BEARING NO.A-15354 AND VIVO

SMART MOBILE PHONE BEARING NO. IMEI1869730036257337

AND IMEI2869730036257329 SEIZED IN P.F.NO.29/2020 ON

THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC AT

ARKALAGUDU IN FOC NO.29/2019-2020 DATED 02.01.2020

VIDE ANNEXURE-C

THIS PETITION COMING FOR PRELIMINARY HEARING 'B'

GROUP ON THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner and learned

HCGP for the respondent-State.

2.

This writ petition is filed under Articles 226 and

227 of the Constitution of India read with Section 482 of

Cr.P.C. to quash the order passed by the Principal District

and

Sessions

Judge,

Hassan

in

Crl.RP.No.135/2020

dismissing the application filed by the petitioner for release of

DB BL Gun as well as Mobile Phones.

3

3.

The case of the prosecution is that Deputy Range

Forest Officer, Arakalgudu registered a case against the

petitioners and others in Cr.No.FOC.29/2019-2020 for the

offence punishable under Section 24 of the Karnataka Forest

Act read with Sections 2, 9 and 51 of the Wild Life (Protection)

Act, 1972 on the ground that on 02.01.2020, the accused

persons were found holding arms and attempting to hunt the

animals. The petitioner is said to have been in possession of

DB BL Gun. The same was seized by the Forest Officials and

registered the case against the petitioner and others. The

petitioner approached the trial Court for release of the Gun by

filing the application under Section 457 of Cr.P.C., which

came to be dismissed. Therefore, the petitioner approached

the Sessions Judge under Section 397 of Cr.P.C., which also

came to be dismissed. Hence, the petitioner is before this

Court.

4.

Learned counsel for the petitioner contended that

petitioner found in possession of DB BL Gun and he is the

owner of the said DB BL Gun and he possess the license of

the Gun. However, the petitioner has not hunted any animal.

He further submits that investigation is almost complete and

4

the petitioner is ready to abide by any conditions to be

imposed by this Court and he is the license holder of the Gun

and that Gun is required for his protection as his house is

situated near forest area.

5.

On the other hand, learned HCGP seriously

objected the same and contended that if the gun is released,

he may commit serious offence.

6.

Admittedly, the petitioner is said to be license

holder of the gun bearing No.A-15354 and Mobile Phones

bearing

Nos.IMEI186973003657737

and

IMEI2869730036257329. The allegation against the accused

perso