Karnataka HC Quashes Case Against Snake Rescuer Accused Of Capturing King Cobra

Karnataka HC Quashes Case Against Snake Rescuer Accused Of Capturing King Cobra

The Karnataka High Court has quashed criminal proceedings against a snake rescuer accused of capturing a King Cobra and allowing its photographs to be taken while it was in captivity.

The bench heald by Justice Anant Ramanath Hegde, by an order dated November 2, quashed the proceedings initiated against snake rescuer Dr. P Gowri Shankar under various provisions of the Wildlife (Protection) Act, 1972.

The Court observed that the allegations did not establish that Shankar had kept the King Cobra in captivity, killed or injured it, or uploaded its photographs on social media.

“It is not the allegation that the petitioner has kept the king cobra in captivity, killed or injured [it], or uploaded the photograph,” the Court observed.

The case arose from allegations that Shankar had captured a King Cobra, photographed it while in captivity and permitted others to take its photographs. The complaint was based on a video uploaded on social media by a third person, in which Shankar was allegedly seen with the snake.

Challenging the trial court proceedings, Shankar approached the High Court seeking quashing of the criminal case. He contended that the charge sheet materials did not establish that he had hunted or captured the King Cobra. He further submitted that the photographs relied upon by the State showed the snake in an open forest area and not in captivity.

Opposing the plea, the State argued that the charge sheet materials indicated that Shankar had allowed others to photograph the King Cobra and had facilitated the publication of its photographs and videos on social media.

Rejecting the State's contentions, the High Court noted that there was no material to establish that the petitioner had actually captured the snake.

“What is seen from the photographs produced along with the charge sheet is that the king cobra was found in the forest in an open space and it was not kept in captivity,” the Court observed.

The Court further noted that the photographs had been published on social media and were not recovered from the petitioner. It also took into consideration that Shankar had repeatedly informed forest officials about rescued King Cobras.

“That being the position, the Court cannot take a view that the petitioner has committed any of the offences as alleged in the complaint,” the Court held.

Accordingly, the High Court quashed the criminal proceedings against Shankar.

Advocate Akshay Swamy appeared for the petitioner, while Additional State Public Prosecutor MV Anoop Kumar represented the State.

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