- 1 - HC-KAR NC: 2025:KHC:41799 CRL.P No. 12707 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12707 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI MAARIMUTTHU S/O NARAYANASWAMY @ PAPANNA AGED ABOUT 57 YEARS RESIDING AT SHANTIPURA VILLAGE KARIMUDDNAHALLI POST BILIKERE HOBLI, HUNSUR TALUK MYSURU DISTRICT – 571 189. …PETITIONER (BY SRI PRAKASHA V, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY SPP BY DEPUTY RANGE FOREST OFFICER HUNSUR TERRITORIAL RANGE HUNSUR DIVISION MYSURU DISTRICT. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 OF Cr.P.C. (FILED UNDER SECTION 482 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH WLOR No.02/2025-26 OF HUNSUR TERRITORIAL RANGE, HUNSUR DIVISION MYSURU DISTRICT FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 2(1)(14)(16), 9, 39, 50, 51 AND 55 OF THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41799 CRL.P No. 12707 of 2025 PROVISIONS OF THE WILD LIFE (PROTECTION) ACT, 1972 AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by the sole accused under Section 482 of BNSS praying to grant anticipatory bail in crime No. WLOR No. 2/2025-26 of Hunsur Territorial Range, Hunsur Division, Mysore District registered for offences under Sections 2(1)(14)(16), 9, 39, 50, 51 and 55 of Wildlife Protection Act, 1972. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent - State. 3. Learned counsel for petitioner would contend that a complaint came to be lodged on coming to know that several birds were found dead in the land of this petitioner bearing Survey No. 138 of Bilikere Hobli, Hunsur Taluk. A case came to be registered against him alleging that he mixed poison in food grains and by consuming the - 3 - HC-KAR NC: 2025:KHC:41799 CRL.P No. 12707 of 2025 same, several birds died. He submits that merely because birds were found dead in the land of this petitioner, a case came to be registered against him. Exact cause of death of the birds has not been obtained yet. Petitioner is ready to cooperate with the Investigating Officer in the investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that several birds were found dead in the land of this petitioner and on examining those birds, it was found that they died by consuming poison and investigation is pending to ascertain exact reason for death of the birds. Petitioner is absconding and is not available for investigation. With this, she 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. - 4 - HC-KAR NC: 2025:KHC:41799 CRL.P No. 12707 of 2025 6. Several birds were found dead in the land of the petitioner bearing Survey No. 138 of Bilikere Hobli, Hunsur Taluk and on being found that they died by consuming poison, case came to be registered against this petitioner, alleging that he has put poison in the food grains and on eating those food grains the birds have died. On perusal of the FIR it is forthcoming that further investigation is going on to ascertain the exact cause of death of the birds. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. Petitioner is ready to cooperate with the investigating agency. Considering the same, petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result the following; O R D E R Petition is allowed. Petitioner is ordered to be enlarged on bail in the event of his arrest in crime No. - 5 - HC-KAR NC: 2025:KHC:41799 CRL.P No. 12707 of 2025 WLOR No. 2/2025-26 of Hunsur Territorial Range, Hunsur Division, Mysore District subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer and has to appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. II. Petitioner shall cooperate with the Investigating Officer in the investigation. III. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. IV. Petitioner shall appear before the Investigating Officer whenever summoned for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 14 Ct.sm