MALLIKARJUNAPPA S/O BELLAPPA Vs. STATE OF KARNATAKA BY TAREKANAMBI POLICE

JUDGEMENT

(1.) HEARD both sides in respect of anticipatory bail sought by the Petitioner against whom a case is registered in Cr. No. 140/10 in respect of the offences punishable under Sections 9 & 51 of Wild Life Protection Act and Sections 135 & 138 of Electricity Act.

(2.) THE allegation is that the Petitioner is responsible for the death of an elephant and according to the prosecution, the Petitioner had fenced his land and had allowed the electricity to pass through the fenced wire unauthorisedly and this led to the death of an animal.

(3.) THOUGH the submission made by the learned Addl. SPP for the State is that, the case is under investigation, having regardto the nature of the allegations made and the offences alleged against the Petitioner and elephant was also found to be dead away from the land of the Petitioner, he can be granted anticipatory bail by imposing conditions to safeguard the prosecution interest.