AI Structured Summary
Not yet generated for this judgment
Judgment
Mr Justice K.N. Keshavanarayana
Apprehending their arrest by the Respondent-Hunsur Rural Police in connection with case in Crime No. 288/2010 registered for the offences u/s 307 of IPC and Sections 9, 27, 51 of Wild Life Protection Act and Sections 3 and 27 of Arms Act, the petitioners have presented this petition u/s 438 of Cr.P.C. seeking relief of anticipatory bail, since similar application filed before the learned Sessions Judge, Mysore, came to be rejected.On the basis of the written report lodged by Sri. Shivappa T. Hosamani, Forest Guard, Hunsur (Kachuvinahalli) on 11.07.2010, the aforesaid case came to be registered and investigation was taken-up.
2 According to the case of the prosecution, during the night of 10.07.2010 at about 12.00 O'' clock in the midnight, while the complainant along with his staff was on patrolling duty, they heard sounds of gunshot from a distance and thereafter, when they were waiting near Hunisekatte, at a distance of about 30 to 40 meters from there, they saw a group of six persons proceeding and though the complainant and his staff asked those persons to stop, those persons after firing one round through their gun at the forest officials, ran away from the place by throwing carcass of a deer. According to the prosecution, during investigation the statements of the staff, who were with the complainant, were recorded which disclosed the names of several persons including these petitioners. Therefore, these petitioners were apprehended and later subjected to judicial custody. These petitioners have been arraigned as Accused Nos. 1, 2, 4, & 5 respectively.
3 The petition is opposed by the Respondent-State.
4 I have heard the learned counsel appearing on both sides and perused the records made available.
5 From reading of the complaint lodged by Forest Guard, prima facie it is noticed that the assailants were unknown persons; they said to have killed a deer and thrown carcass there itself. However according to the statement of the staffs who were stated to be present with the Forest Guard, they had identified some of the assailants.
6 Having regard to the facts and circumstances of the case, at this stage, there are no reasonable grounds to believe that the petitioners are guilty of any of the offences alleged. In view of the fact that the petitioners have been arraigned as accused in the aforesaid case registered by the ndent-police for non-bailable offences, the apprehension of the petitioners that they are likely to be arrested, is well-founded. Therefore, the petitioners are entitled for the relief of anticipatory bail.In the result, the petition is allowed. The Respondent-Police are hereby directed to release the petitioners on bail in the event of their arrest in connection with Crime No. 288/2010 of Hunsur Rural Police Station., Mysore, on each of them executing personal bond for a sum of Rs. 50,000- (Rupees Fifty Thousand only) with two sureties for the like-sum to the satisfaction of the Investigating Officer and subject to further conditions that:-
i) Upon such arrest and release the petitioners shall appear before the Investigating Officer as and when so required by him and shall co-operate in investigation of the case.
ii) they shall not tamper or terrorise the prosecution witnesses in any manner;
iii) they shall not indulge in any acts similar to the one alleged against them;