RAMESH Vs. STATE THROUGH DY. RFO, HOSUR SECTION

JUDGEMENT

(1.) This petition is filed Under Sec. 438 of Cr.P.C. praying to enlarge the Petitioner/Accused on bail in the event of his arrest in FOC No. 51/2020-21 (Case No. 05/2020-21) registered by Deputy Range Forest Officer, Gauribidanur Range, Gauribidanur now pending in PCR No. 56/2020 on the file of Principal Civil Judge and JMFC., Gauribidarnur, for the offences punishable Under Ss. 2, 9, 50 read with 51 of the Wild Life (Protection) Act, 1972.

(2.) Heard the learned Counsel appearing for the Petitioners and the learned High Court Government Pleader appearing for the Respondent/State.

(3.) This matter was heard and reserved on 10/1/2022. Having heard the learned Counsel appearing for the Petitioner and the learned High Court Government Pleader appearing for the Respondent-State and considering the factual aspects of the case, it is the case of the prosecution that the Respondent - Deputy Range Forest Officer, Gauribidanur Range, detected the crime on 8/7/2020 at Hakki-Pikki Colony, Kurudi beat, Hosur Hobli, Gauribidanur Range. The Respondent recovered three number monitor lizard and three number gray francolin, in the house of Petitioner - Ramesh in the said colony. The Respondent being a public servant Under Sec. 59 of the Wild Life (Protection) Act, 1972 has filed a complaint Under Sec. 55(b) read with Sec. 51 of the Wild Life (Protection) Act, 1972 and the said case is numbered as PCR No. 56/2020-21. The Trial Court took the cognizance of the said offence and registered a case and issued summons to the Accused vide order dtd. 15/7/2020 and fixed the date of appearance on 5/10/2020 of this Petitioner. The Accused was served with summons and appeared through his counsel and also sought for exemption by filing application Under Sec. 205 of Cr.P.C., instead of Sec. 317 of Cr.P.C., which was allowed by the Trial Court, yet, the Accused remained absent on 6/10/2021. Hence, NBW had been issued against the Accused from time to time. Hence, the Petitioner has approached this Court by filing the present petition.