Case Note & Summary
The petitioner, Ramesh, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in connection with FOC No.51/2020-21 (Case No.05/2020-21) registered by the Deputy Range Forest Officer, Gauribidanur Range, for offences punishable under Sections 2, 9, 50 read with Section 51 of the Wild Life (Protection) Act, 1972. The case was pending in PCR No.56/2020 on the file of the Principal Civil Judge and JMFC, Gauribidanur. The petitioner was accused of killing a spotted deer, which is a scheduled animal under the Act. The learned counsel for the petitioner argued that the petitioner was innocent and had been falsely implicated, and that custodial interrogation was not required. The learned High Court Government Pleader opposed the bail application, contending that the offence was serious and that the petitioner might tamper with evidence or abscond. The court, after hearing both sides, observed that anticipatory bail is not to be granted as a matter of routine and must be considered on merits. However, considering that the petitioner had no criminal antecedents and that custodial interrogation was not necessary, the court found it a fit case to grant anticipatory bail. The court directed that in the event of arrest, the petitioner be released on bail upon executing a personal bond of Rs. 1,00,000 with two sureties, and imposed conditions including that the petitioner shall not tamper with evidence, shall appear before the court as required, and shall not leave the jurisdiction without prior permission. The petition was allowed accordingly.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Discretionary Power - The court considered the petitioner's application for anticipatory bail in a wildlife offence case. Held that anticipatory bail is not to be granted as a matter of routine and must be considered on merits, but in the absence of any prima facie case for custodial interrogation, the petitioner was granted anticipatory bail with conditions. (Paras 1-6) B) Wildlife Law - Offences under Wild Life (Protection) Act, 1972 - Sections 2, 9, 50, 51 - Killing of Spotted Deer - The petitioner was accused of killing a spotted deer, a scheduled animal. The court noted that the offence is serious but found that the petitioner had no criminal antecedents and that custodial interrogation was not necessary. (Paras 2-5)
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of Cr.P.C. for offences under Sections 2, 9, 50 read with 51 of the Wild Life (Protection) Act, 1972.
Final Decision
Petition allowed. The petitioner is directed to be released on bail in the event of arrest on executing a personal bond of Rs. 1,00,000 with two sureties. Conditions imposed: petitioner shall not tamper with evidence, shall appear before the court as required, and shall not leave the jurisdiction without prior permission.
Law Points
- Anticipatory bail under Section 438 Cr.P.C. is not to be granted as a matter of routine
- it must be considered on merits
- custodial interrogation is not required in every case
- gravity of offence and possibility of tampering with evidence are relevant factors.
