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NC: 2026:KHC:18562 CRL.RP No. 609 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06^TH DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA

CRIMINAL REVISION PETITION No.609 OF 2018 (397(Cr.PC) / 438(BNSS)

BETWEEN:

1. SRI DASA S/O LATE CHINNAPPA

AGED ABOUT 50 YEARS R/A KAPPAINAKATTE HADI

HANAGODU HOBLI HUNSUR TALUK

MYSORE DISTRICT PIN CODE-571 105 2. SRI SURESHA

S/O LATE SANNAIAH AGED ABOUT 30 YEARS

RESIDING AT BHARATHAVADI VILLAGE HANAGODU HOBLI

HUNSUR TALUK MYSORE DISTRICT

Digitally PIN CODE-571 105 signed by R MANJUNATHA

3. SRI SHIVAIAH Location:

HIGH COURT S/O LATE PAPAIAH OF AGED ABOUT 45 YEARS KARNATAKA

RESIDING AT BHARATHAVADI VILLAGE HANAGODU HOBLI

HUNSUR TALUK MYSORE DISTRICT PIN CODE-571 105

…PETITIONERS (BY SRI P.M.GOPI FOR

SRI SIDDAMALLAPPA P M, ADVOCATES)

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NC: 2026:KHC:18562 CRL.RP No. 609 of 2018

HC-KAR AND:

STATE BY RANGE FOREST OFFICER HUNSUR RANGE FOREST

HUNSUR TALUK MYSORE DISTRICT PIN CODE-571 105

…RESPONDENT

(BY SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE IMPUGNED CONVICTION AND SENTENCE DATED 16.06.2015 PASSED BY THE CIVIL JUDGE AND J.M.F.C., HUNSUR IN C.C.NO.510/2012 AND ALSO THE JUDGMENT AND ORDER DATED 19.04.2018 PASSED BY THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, SITTING AT HUNSUR IN CRL.A.NO.145/2015 AND THEREBY ACQUIT THE ACCUSED/PETITIONERS FOR THE OFFENCE PUNISHABLE UNDER SECTION 38(v), 48,48(A), 49, 49(B), 50, 51, 57 OF WILD LIFE PROTECTION ACT, 1972 BY ALLOWING

THE ABOVE CRIMINAL REVISION PETITION.

THIS PETITION, COMING ON FOR ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri P.M.Gopi, learned counsel for the revision

petitioners and Sri K.Nageshwarappa, learned High Court

Government Pleader.

2. Accused persons who have been convicted in C.C No.510/ 2012 dated 16.06.2015 by the Civil Judge and JMFC, Hunasuru,

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NC: 2026:KHC:18562 CRL.RP No. 609 of 2018

HC-KAR

for the offence punishable under Section 51 of the Wild Life (Protection) Act, 1972 and sentenced to undergo simple imprisonment for a period of three years and to pay fine of Rs.10,000/-, in default to undergo imprisonment for a period of ten months which was confirmed in Criminal Appeal No.145/2015 dated 19.04.2018 by the VIII Additional District and Sessions Judge, Mysuru, sitting at Hunasuru, are the

revision petitioners.

3. Assistant Conservator of Forest, Hunasuru Sub Division, after investigating the complaint against the accused persons, filed charge sheet for the offences punishable under Sections 38V, 48, 48A, 49, 49B, 50, 51 and 57 of Wildlife (Protection)

Act, 1972.

4. Facts which led to the filing of the charge sheet are as

under:

4.1 On 18.09.2012 revision petitioners were found

transporting ivory (tusk) piece on Hunasuru-Nagarhole Main Road running from Bharathavadi, situated within Rajiv Gandhi National Park, a notified Veeranahosalli Reserve Forest area, in Hunasuru Taluk, Hanagodu Hobli. On receipt of such a credible

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NC: 2026:KHC:18562 CRL.RP No. 609 of 2018

HC-KAR

information, raid was conducted and accused Nos.1 and 2 were

apprehended by the raid team.

4.2 On enquiry, they revealed their names. Ivory

(tusk) piece marked at M.O-1 was recovered under seizure panchanama. Accused No.3 managed to escape away from the clutches of the raid party. His name was revealed by the accused Nos.1 and 2 as Shivaiah. Accused Nos.1 and 2 also took out the names of Kalinga and Ravi, accused Nos.4 and 5. They also revealed that the ivory(tusk) piece marked at MO-1 was extracted from the dead elephant and it was divided among accused Nos.1, 4 and 5. MO-1 had fallen to the share of accused No.1 who had taken the help of accused Nos.2 and

3 for selling M.O-1.

4.3 Admittedly, accused persons did not possess any

license to hold and possess M.O.1. Therefore, a case was registered in Crime No.7/2012-