- 1 - HC-KAR NC: 2025:KHC:42429 CRL.P No. 13141 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13141 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI DEVANNANAYAKA S/O GOPALANAYAKA AGED ABOUT 53 YEARS RESIDING AT MARAKUDLU VILALGE KUNDAPURA TALUK UDUPI DISTRICT. 2. SRI.HARISH SHETTY S/O RAGHVASHETTY AGED ABOUT 40 YEARS RESIDING AT SOORUJEDDU VILLAGE GUMMAHOLA POST KUNDAPURA TALUK UDUPI DISTRICT. 3. SRI PRASANNA NAIKA S/O BASAVANNANAIKA AGED ABOUT 28 YEARS RESIDING AT VTC HEBRI POST KARKALA TALUK, UDUPI DISTRICT. …PETITIONERS (BY SRI RAJANNA C, ADVOCATE) AND: 1. STATE OF KARNATAKA BY DEPUTY RANGE FOREST OFFICER FOREST MOBILE SQUAD Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:42429 CRL.P No. 13141 of 2025 MYSURU, MYSURU DISTRICT REPRESENTED BY ITS S.P.P. HIGH COURT BUILDING BANGALORE – 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C. (FILED UNDER SECTION 482 BNNS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CASE No. WLOR No.01/2025-26 (FIR No.226/2025) FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SCHEDULE - I, PART B, BIRDS, SL.No.161, INDIAN PEAFOWL PAVO CRISTAS AND SCHEDULE- II PART-A MAMMALS SL.No.23, WILD LIFE (PROTECTION ACT, 1972 AND WILD PG SUS SCROFA SECTION 9, 39, 44, 49(B), 51 READ WITH SECTION 9, 39, 44, 49(B), 51 READ WITH SECTION 2(2), 2(16), 2(20), 2(36), 50, 55 OF WILD LIFE PROTECTION ACT DEPUTY RANGE FOREST OFFICER, FOREST MOBILE SQUAD, MYSURU PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, NAGAMANGALA, MANDYA DISTRICT AND ETC., THIS PETITION COMING ON FOR FURTER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by petitioners - accused Nos. 1 to 3 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory pay in a crime WLOR No. 1/2025-26 (FIR No. 226/2025) registered for offences - 3 - HC-KAR NC: 2025:KHC:42429 CRL.P No. 13141 of 2025 under Sections 9, 39, 44, 48(A), 49(B), 51 read with Sections 2(2), 2(16), 2(20) 2(36), 50 and 55 of Wild Life Protection Act, 1972. 2. Heard learned counsel for petitioners and learned HCGP for respondent - State. 3. Learned counsel for petitioners would contend that petitioners have been arraigned as accused only on the basis of statement of accused No. 4, who is stated to have disclosed the names of petitioner No. 1 as he had given box and petitioner Nos. 2 and 3 as having made phone call to him asking regarding the box. Said box is alleged to contain the meat of peacock and wild pig. He submits that there is no address or name mentioned on the said box or even phone number was mentioned. Involvement of these petitioners can be ascertained after investigation. The offence alleged against petitioners is not punishable with either death or imprisonment for life. He submits that petitioners are ready to co-operate with the - 4 - HC-KAR NC: 2025:KHC:42429 CRL.P No. 13141 of 2025 Police in the investigation. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the box seized contained meat of two types and it was sent to expert for examination and the expert opined that the meat is of Indian red jungle owl and of wild boar or wild pig. He submits that investigation is in progress. Petitioner No. 1 handed over the said box to accused No. 4 - driver of bus and petitioner Nos. 2 and 3 had made a phone call to accused No. 4 - driver asking whether he reached the destination carrying the box. Petitioners are required for custodial interrogation. With this he prayed for dismissal of the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. As per the averments of the complaint sealed box was handed over to accused No. 4 – driver of Durgamba bus and on credible information forest officials - 5 - HC-KAR NC: 2025:KHC:42429 CRL.P No. 13141 of 2025 have intercepted the said bus and seized the box. Driver of the said bus disclosed that said box was given by petitioner No.1 – accused No.1 and petitioner Nos. 2 and 3 – accused Nos. 2 and 3 made phone call asking regarding the said box as they intended to take delivery of the said box. Said box contained two types of meat and it was sent for expert examination. The expert opined that meat was of Indian red jungle owl and of wild boar or wild pig. Investigation is in progress. Investigating Officer has to ascertain whether the petitioners have committed the said offences alleged against them. Petitioners have undertaken to cooperate with the Police in the investigation and abide by terms and conditions to be imposed by this Court. Offences alleged against the petitioners are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioners. Considering the above aspects petitioners have made out case for grant of anticipatory bail with conditions. - 6 - HC-KAR NC: 2025:KHC:42429 CRL.P No. 13141 of 2025 7. In the result, the following; O R D E R Petition is allowed. Petitioner Nos. 1 to 3 – accused Nos. 1 and 3 are ordered to be released on bail in the event of their arrest in crime WLOR No. 1/2025-26 (FIR No. 226/2025) subject to following conditions. I. Petitioners shall voluntarily appear before the Investigating Officer within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating officer. II. Petitioners shall cooperate with the Investigating Officer in investigation. III. Petitioners shall not tamper with the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2025:KHC:42429 CRL.P No. 13141 of 2025 IV. Petitioners shall appear before the Investigating Officer whenever called for. V. Petitioners shall not involve in commission of any similar offence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 2 Ct.sm