Karnataka High Court quashes case against snake rescuer accused of capturing King Cobra

The Court held that the allegations did not establish that the petitioner had kept the snake in captivity, killed or injured it or uploaded its photographs on social media.
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The Karnataka High Court recently quashed a criminal case against a snake rescuer accused of capturing and photographing a King Cobra.

Justice Anant Ramanath Hegde on November 2 quashed the proceedings initiated against snake rescuer Dr. P Gowri Shankar.

The Court held that the allegations did not establish that the petitioner had kept the snake 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.

Justice Anant Ramanath Hegde
Justice Anant Ramanath Hegde

The case against Shankar was that he had captured a King Cobra and had taken its photograph while in captivity and also allowed others to take its photographs.

The complaint against the petitioner was filed based on the social media publication where the petitioner was found in a video uploaded by a third person.

The petitioner sought to quash trial court proceedings after he was booked for various offences under the Wildlife (Protection) Act, 1972.

The petitioner contended that the charge sheet materials did not establish that he had hunted or captured the King Cobra. He also argued that the photographs relied upon by the State showed the snake in an open forest area and not in captivity.

The State argued that the charge sheet materials indicated that the petitioner had permitted others to photograph the King Cobra and had caused the photographs and videos to be uploaded on social media.

The High Court noted that the State had failed to substantiate that the King Cobra had actually been captured by the petitioner.

“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 said.

The Court noted that the photographs were published on social media and not recovered from the petitioner. It also observed that he had repeatedly reported rescued King Cobras to forest officials.

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

Hence, the Court proceeded to quash the case.

Advocate Akshay Swamy appeared for the petitioner.

Additional State Public Prosecutor MV Anoop Kumar appeared for the State.

[Read Judgment]

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Gowri Shankar v. State of Karnataka
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