The Karnataka High Court has thrown out criminal proceedings against a snake rescuer accused of capturing and photographing a King Cobra, holding that the prosecution had failed to establish the basic allegations against him.
Justice Anant Ramanath Hegde, in an order passed on November 2, quashed the case against Dr. P Gowri Shankar, observing that there was no material to show that he had confined the protected snake, killed or injured it, or personally uploaded its photographs on social media.
The controversy arose from allegations that Shankar had caught a King Cobra, photographed it while it was in captivity and allowed others to take pictures of the reptile.
The complaint was triggered by social media content in which Shankar appeared in a video uploaded by another person. Based on this material, a case was registered against him under various provisions of the Wildlife (Protection) Act, 1972.
Challenging the proceedings, Shankar argued that the charge sheet contained no evidence establishing that he had hunted or captured the snake. He maintained that the photographs relied upon by the prosecution showed the King Cobra in an open forest area rather than inside any enclosure.
The State opposed his plea, claiming that the available material indicated that Shankar had allowed others to photograph the reptile and had facilitated the circulation of photographs and videos on social media.
The High Court, however, found the prosecution’s case lacking in substantive evidence.
Examining the photographs attached to the charge sheet, the Court observed that the King Cobra was seen in an open forest setting and there was nothing to suggest that it had been held captive.
The Court also pointed out that the photographs had been published on social media and were not recovered from Shankar’s possession. Another relevant circumstance was that he had consistently informed forest officials about King Cobras rescued by him.
Finding no convincing material to connect Shankar with the alleged wildlife offences, the Court held that the criminal proceedings could not be allowed to continue merely on the basis of the allegations.
The Court accordingly quashed the case against the snake rescuer.
Advocate Akshay Swamy represented Shankar, while Additional State Public Prosecutor MV Anoop Kumar appeared for the State.