SHIVACHETHAN @ CHETHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.2 under Section 438 of Cr.P.C. seeking a direction to the respondent that in the event of his arrest, he be released on bail for the offences punishable under Sections (1)(16)(36)(37) and Section 2(35) and Section 9 , 50 and 51 of Wild Life (Protection) Act registered in respondent.

(2.) Brief facts of the prosecution case are that Range Forest Officer, K.R.Pet Range, K.R.Pet taluk appeared before the learned Civil Judge and JMFC, K.R. Pet on 15.08.2017 and disclosed that he received a Whats app message on 14.08.2017 at 12.30 pm with regard to the fact that around 3-4 days earlier to said date at 3-4 p.m., painted stork bird was shot dead with the help of riffle at tank basin at Valagere Menasa Village, Kasaba Hobli, K.R. Pet Taluk and the complainant in order to verify the facts of the said message, went to the tank basin where, he found in the water and also found the group of birds including the group of painted stork. The complainant enquired the cowboys on the spot showing the photographs received by him regarding hunted bird. The said person stated that, they have no acquaintance with said person, but they identified an aged man visible in the photo stating that he is resident of Nagaruru village. The complainant traced him who is namely Sri Devarahatti Nanjegowda S/o Kullegowda. When the complainant enquired the said Nanjegowda about the persons who hunted the birds by showing photo, he stated that four persons visible in the photo, hunted the bird and one among four wearing blue shirt, shot at the bird and when the bird died, they all took it on their bike.

(3.) I have heard the learned Counsel appearing for the petitioner-accused No.2 and the learned High Court Government Pleader appearing for the respondent-State.