IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 23^RD DAY OF JULY 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.101018/2021

BETWEEN

1.

SHRI IRAPPA S/O.BANDEPPA JIRALI,

AGE-61 YEARS, OCC-BUSINESS,

R/O.GOVINDINNI ARASI, TQ-BILAGI,

DIST-BAGALKOT-587 116.

2.

SHRI PAVAN S/O. IRAPPA JIRALI,

AGE-29 YEARS, OCC-BUSINESS,

R/O.GOVINDINNI ARASI, TQ-BILAGI,

DIST-BAGALKOT-587 116.

...PETITIONERS

(BY SRI GIRISH S.KULKARNI, ADVOCATE FOR

SRI SHIVARAJ S.BALLOLI, ADVOCATE)

AND

THE STATE OF KARNATAKA

THROUGH DIVISIONAL FOREST OFFICER,

FOREST MOBILE SQUAD, BELAGAVI DIVISION,

BELAGAVI-590 001,

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD-580 001.

….RESPONDENT

(BY SRI R.RAVINDRA NAIK, HCGP)

2

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,

SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN FOREST

CASE (FOC) NO.7/2020-21 INITIATED BY THE RESPONDENT ON

THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC,

BAGALKOT FOR THE COMMISSION OF THE ALLEGED OFFENCES

PUNISHABLE UNDER SECTIONS 9, 39, 40, 2(36), 48A, 49B, 49C,

50 AND 51 OF THE WILDLIFE (PROTECTION) ACT, 1972 IN SO

FAR AS THE PETITIONERS/ACCUSED NOS.1 AND 2 ARE

CONCERNED.

THIS PETITION COMING ON FOR ADMISSION ON THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

Petitioners/accused Nos.1 and 2 are before this Court

seeking to quash the criminal proceedings initiated against

them in Forest Case (FOC) No.7/2020-21, pending before

the learned Principal Civil Judge and JMFC, Bagalkot (for

short ‘the trial Court’), for the offences punishable under

Sections 9, 39, 40, 2(36), 48A, 49B, 49C, 50 and 51 of the

Wildlife (Protection) Act, 1972 (hereinafter referred to as

‘the Act’).

2. Brief facts of the case are that the Range Forest

Officer, Forest Mobile Squad, Belagavi, filed private

complaint against accused Nos.1 to 4, alleging commission

of the offence as stated above. It is alleged that the

3

complainant

received

credible

information

regarding

hunting of the wild animals i.e. Larze Bengal Monitor Lizard

penis (Varanus Bengalensis) and sea fans (Gorgonian),

transported the same and kept in captivity for the purpose

of selling the same illegally. On the basis of said credible

information, he along with his staff and panchas held a raid

on the shop belonging to accused No.1 in Bagalkote and

found a carton box, wherein he found to have kept 11 larze

Bengal monitor lizard penis and 503 sea fans for the

purpose of selling to the general public, without any license

or permit. When accused No.1 was enquired, he revealed

the name of accused No.2 and accordingly, the complainant

held a raid over the shop that was belonging to accused

No.2 at Bilagi and found 66 larze Bengal monitor lizard

penis. Accused No.2 gave information regarding accused

No.3 and accordingly, complainant held a raid over the

premises belonging to accused No.3 at Jamakhandi, who

admitted himself had provided the larze Bengal monitor

4

lizard penis and sea fans to accused Nos.1 and 2. He

revealed the name of accused No.4, who was also at

Jamakhandi, who had kept 2 larze Bengal monitor lizard

penis in his two wheeler which was seized under the seizure

mahazar. Thus, it is stated that 79 larze Bengal monitor

lizard penis and 503 sea fans were seized from the captivity

of accused Nos.1 to 4, who have committed the offences as

stated above.

3. The trial Court took cognizance of the offence

against accused Nos.1 to 4 for the above said offences.

Petitioner/accused Nos.1 and 2 are before this Court

seeking to quash the criminal proceedings initiated against

them before the trial Court.

4. Heard Sri Girish S.Kulkarni, learned counsel for Sri

Shivaraj S.Balloli learned counsel for the petitioners and Sri

R.Ravindra Naik, learned HCGP for respondent-State.

5. Learned counsel for the petitioners sou