SHIVRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed by the petitioners/accused 1 and 2 under Section 439 of Criminal Procedure Code, 1973 seeking their release on bail for the offences punishable under Sections 9, 39, 42 and 51 of the Wild Life (Protection) Act, 1972 and under Section 41(1)(d) read with Section 102 of Cr.P.C. and under Sections 379 and 429 of Indian Penal Code, 1860 registered by the respondent-police in Crime No. 199 of 2014. Heard the arguments of the learned Counsel appearing for the petitioners/accused 1 and 2 and also learned High Court Government Pleader for the respondent-State.

(2.) Learned Counsel for the petitioners during the course of his argument submitted that the Sub-Inspector of Police who lodged the complaint in this case is not competent person to file the complaint as per Section 55 of the said Act. He also made the submission that petitioners are not at all involved in transporting the elephant ivory by putting it to their bag. It is the submission made by the learned Counsel that somebody without bringing to the knowledge of the present petitioners have put the elephant ivory into their bag. Hence, he submitted that petitioners are innocent and not committed the alleged offences. He also made the submission that other two accused persons i.e., accused 3 and 4 have been granted with bail by the order of this Court.

(3.) As against this, learned High Court Government Pleader during the course of his argument submitted that there is a recovery of elephant ivory from the possession of the present petitioner under the mahazar. He also made the submission that the matter is still under investigation and hence for the present, petitioners are not entitled to be granted with bail.