Accused Charged Under Wildlife Protection Act Walk Around With Pride Because Of Delay In Concluding Trial: Karnataka High Court

The Karnataka High Court on Wednesday orally said that offences under the Wildlife Protection Act should not be kept pending for long and trials against the accused should be completed expeditiously.

A single judge bench of Justice M Nagaprasanna, observed thus while dismissing a petition filed by accused Abdul Rehman and others who were booked in 2008, for killing a spotted deer in Bandipur forest under sections 2(36),9,31,34,35(6,8) 48(a)R/W 51 and trial of which is still pending.

It said “Why such a long time. Why do you take 16-years to conclude a Forest offence, that is why with pride all the accused walk around, looking at the delay in the proceedings. If you have to bring someone to books, bring them to books fast. This is not correct if you book under the Forest Act for killing a deer in 2008 and it is still being tried in 2024. What is this?”

The prosecution contended that the petitioners had not appeared before the trial court.

Rehman and others had approached the court seeking to quash the proceedings initiated against them. The prosecution had alleged that the petitioners on 30-11-2008, in the precincts of Bandipur Forest, were said to have killed a deer, chopped off its two legs and taken it to Sultan Bateri which comes within Kerala.

The police in Karnataka booked the accused here as the petitioners had killed the deer in Bandipur forest. The police also seized unlicensed arms and the recovery of 35 kg meat for which the Kerala police registered a case against them. The counsel sought quashing of the offence on the ground of double jeopardy.

The bench said, “I decline to accept the same as the killing of the deer has taken place within the state of Karnataka, therefore the Wildlife Protection Act has sprung against petitioners. It (Deer) is carried to the State of Kerala where the meat is cut and 35 Kg of red meat is recovered with the skin of the deer. Therefore all the weapons used in the offence are seized in Kerala, therefore they are tried there for offences under Arms Act there.”

Further, the court observed, “The issue is of 2008 and we are in 2024, and the matter is still being tried by the concerned court. The matter is pending on the score that petitioners have not appeared before the concerned court and proclamation is made against them. The ld counsel has appeared before this court while not appearing before the concerned court.”

It added that in the light of the aforesaid facts and the manner in which the petitioner had been dodging the trial, the petitioner could not be granted any protection. It direct the concerned court to complete the trial within 12 weeks.

Case Title: Abdul Rehman & Others AND State of Karnataka & ANR

Case No: CRL.P 759/2024

Citation No: 2024 LiveLaw (Kar) 392