Facts
The petitioners, accused Nos. 1 and 2 in FOC No. 1/2026-27, sought anticipatory bail in a case arising from a raid at a farmhouse in Kebbepura village.
Source reference: p. 3The raid allegedly resulted in the recovery of deer antlers, wildlife skins, teeth, feathers, weapons, ammunition and cameras.
Source reference: p. 3The case was registered under Sections 2(31), 9, 27, 31, 34, 39, 40, 42, 51 and 57 of the Wild Life (Protection) Act, 1972, and Section 223 of the Bharatiya Nyaya Sanhita, 2023.
Source reference: p. 3The petitioners’ application for bail before the Sessions Court had been rejected.
Source reference: p. 4They had also earlier sought to quash the FIR; in that proceeding, the State was directed to issue notice requiring their cooperation with the investigation and the officer was directed to follow the guidelines in Satender Kumar Antil v. Central Bureau of Investigation.
Source reference: pp. 4–5The petitioners submitted that no notice had been issued, undertook to cooperate, and stated that the articles had already been seized.
Source reference: pp. 5–6Accused No. 3, who had been arrested, had been released on regular bail.
Source reference: pp. 5–6Issues
1. Whether the petitioners were entitled to anticipatory bail in FOC No. 1/2026-27, having regard to the alleged offences and the circumstances of the investigation.
Source reference: pp. 5–62. Whether anticipatory bail should be granted subject to conditions requiring the petitioners to appear before the Investigating Officer and cooperate with the investigation.
Source reference: pp. 6–7Law Applied
The petitions were considered under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision invoked for anticipatory bail.
Source reference: p. 6The alleged offences arose under the specified provisions of the Wild Life (Protection) Act, 1972 and Section 223 of the Bharatiya Nyaya Sanhita, 2023.
Source reference: pp. 3, 6The Court noted the earlier direction that the investigating officer follow the guidelines in Satender Kumar Antil v. Central Bureau of Investigation when dealing with the petitioners.
Source reference: p. 5It also observed that the maximum punishment for the alleged offences was imprisonment for up to seven years.
Source reference: p. 6Reasoning
The Court considered that the petitioners had undertaken to cooperate with the investigation, that the articles found at the farmhouse had already been seized, and that the maximum punishment was seven years’ imprisonment.
Source reference: p. 6It also took account of the earlier direction for notice and compliance with the Satender Kumar Antil guidelines, and the release of accused No. 3 on regular bail.
Source reference: pp. 5–6In these circumstances, it held that anticipatory bail should be granted subject to conditions securing the petitioners’ appearance and cooperation.
Source reference: p. 6Holding
The High Court allowed both criminal petitions and directed that, if arrested in FOC No. 1/2026-27, the petitioners be released on bail.
Each petitioner must appear before the Investigating Officer within 15 days of receiving a certified copy of the order and execute a personal bond of ₹1,00,000 with two sureties for the like sum; they must attend the Trial Court unless exempted, refrain from tampering with prosecution witnesses, cooperate with the investigation and not involve themselves in similar offences.
Source reference: pp. 6–7Acts & Sections Cited
13 provisions across 4 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Bharatiya Nagarik Suraksha Sanhita, 20231
Wild Life (Protection) Act, 1972
Bharatiya Nyaya Sanhita, 20231
Original Court PDF
LT. COL. JACOB JACOB VSM (RETD)vsSTATE OF KARNATAKA
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