- 1 - NC: 2025:KHC:3839 CRL.P No. 639 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 639 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: ABDUL HAKEEM K.A. S/O ASEEZ, AGED ABOUT 50 YEARS, R/AT KOZHIKKAL HOUSE, SULTAN BATHERI, MUTTUNGA POST, WAYANAD, KERALA-673 592. …PETITIONER (BY SRI. M. SHARASS CHANDRA, ADVOCATE) AND: STATE OF KARNATAKA BY RFO, BUFFER ZONE (REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE RELIEF OF THE ANTICIPATORY BAIL IN WLOR NO.01/2021-22 [FOC.18/2021-22] OF RESPONDENT RFO, BUFFER ZONE, GUNDLUPET IN THE EVENT OF HIS ARREST FOR OFFENCE PUNISHABLE U/S 9, 39(1)(a), 39(3), 51, 58(c) OF WILD LIFE PROTECTION ACT, 1972. NOW THE CASE IS PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3839 CRL.P No. 639 of 2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER A case in FOC 18/2021-22 is registered on a complaint lodged by the Range Forest Officer, Gundlupet Buffer Zone Range, against accused Nos.1 and 2 under Section 9, 39(1)(a), 39(3), 51 and 58(c) of Wild Life Protection Act, 1972. Petitioner is arraigned as accused No.1 in the FIR. 2. It is the case of prosecution that on 6.3.2022, complainant received an information that in the land of Thammanna, about 2 Kms. from Gundlupet Town, accused have kept some wild animals with an intention to sell them. Immediately, complainant along with his staff went to the spot and noticed 2 horses and 2 wounded Brahminy Kite birds were kept in the shed. 3. It is alleged that both accused Nos.1 and 2 have hunted the birds and kept in their shed, without any - 3 - NC: 2025:KHC:3839 CRL.P No. 639 of 2025 permission and thereby committed the offence under the Wild Life Protection Act, 1972. 4. As per prosecution, shed belongs to accused No.2 by name Thammanna. The petitioner was not present at the place from where the wounded birds were seized. The allegations that he has hunted Brahminy Kites along with accused No.2 and kept the birds in the shed for the purpose of selling etc., is a matter which has to be established in due course. Petitioner has undertaken to cooperate with the investigation. Hence, by imposing conditions, the relief sought in the petition can be granted. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.1 in FOC 18/2021-22 registered by the Range Forest Officer, Gundlupet Buffer Zone Range, shall be released in the event of his arrest, subject to following conditions: - 4 - NC: 2025:KHC:3839 CRL.P No. 639 of 2025 a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 38 Ct: ra