Karnataka High Court
Mohammed Ismail And Ors vs The State Of Karnataka on 21 August, 2024
Author: K Natarajan
Bench: K Natarajan
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NC: 2024:KHC-K:6122
CRL.P No. 201028 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL PETITION NO.201028 OF 2024
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. MOHAMMAD ISMAIL S/O MOHAMMAD HANIF,
AGE: 27 YEARS, OCC: DRIVER,
R/O CHAHA HOTEL MOMINPURA,
KALABURAGI-585102.
2. HANAMANTH S/O CHANDAPPA,
AGE: 35 YEARS, OCC: COOLIE,
R/O DODDASAGAR VILLAGE,
TQ. SHAHAPUR,
DIST. YADGIRI-585223.
3. WASEEM AHMED KHASAB @ VASIM BEPARI
Digitally signed S/O ABDUL JABBAR QURESHI,
by SHIVALEELA AGE: 38 YEARS, OCC: COOLIE,
DATTATRAYA
UDAGI R/O H.NO.1-965, 7TH CROSS,
Location: High NEAR MASJID-E-HAMZA,
Court Of AZADPUR KALABURAGI-585102.
Karnataka
4. ASLAM BEPARI @ MD. ASLAM
S/O KHAJA MIYAN,
AGE: 35 YEARS, OCC: COOLIE,
R/O H.NO.6-869, SADAR MOHELLA,
MOMINPURA KALABURAGI-585104.
5. GUJAR BEPARI @ GULZAR KHAN QURESHI
S/O ASIF KHAN QURESHI,
AGE: 30 YEARS, OCC: COOLIE,
R/O H.NO.6-615, GUNJ ROAD,
MOMINPURA KALABURAGI-585104.
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CRL.P No. 201028 of 2024
6. ANWAR BEPARI @ MOHAMMED ANWAR KHAN
S/O MOHAMMED MEERANGI,
AGE: 28 YEARS, OCC: COOLIE,
R/O H.NO.6-618, DARGA ROAD,
QURESHI CHOWK, MOMINPURA,
KALABURAGI-585104.
...PETITIONERS
(BY SRI. SYED FAYAZUDDIN, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SINDAGI P.S,
TQ. SINDAGI,
DIST. VIJAYAPURA,
REPRESENTED BY
ADDL. SPP, HIGH COURT OF KARNATAKA,
KALABURAGI-585103.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C (OLD), UNDER SECTION 482 OF BNSS (NEW)
PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE
THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN
CRIME NO.94/2024 FOR THE OFFENCES PUNISHABLE UNDER
SECTION 11 (1) (D) OF PREVENTION OF CRUELTY TO ANIMALS
ACT, 1960 AND UNDER SECTIONS 4, 5 AND 7 OF THE
KARNATAKA PREVENTION OF COW SLAUGHTER AND
PRESERVATION OF CATTLE ACT, 2020 PENDING BEFORE THE
SENIOR CIVIL JUDGE JMFC AT SINDAGI OF SINDAGI P.S. AND
ETC.,
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 201028 of 2024
CORAM: HON'BLE MR. JUSTICE K NATARAJAN
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K NATARAJAN) This petition is filed by the petitioners - accused Nos.1 to 6 under Section 482 of BNSS (438 of Cr.P.C.,) seeking anticipatory bail in Crime No.94/2024 registered by the Sindagi Police Station, for the offences punishable under Section 11 (1) (D) of the Prevention of Cruelty to Animals Act, 1960 and under Sections 4, 5 and 7 of the Karnataka Prevention of Cow Slaughter and Preservation of Cattle Act, 2020.
02. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent - State.
03. The case of the prosecution is that a suo-motu complaint is registered by the PSI of Sindagi Police station alleging that on 14.05.2024 at about 05.30 a.m. when they are on patrolling, they found a lorry bearing its Reg.No.KA-38-5506 came, which they intercepted, where -4- NC: 2024:KHC-K:6122 CRL.P No. 201028 of 2024 the accused Nos.2 and 3 were traveled in the said lorry. On the verification it was found that there was 13 + 7 cattles were loaded and shifting from Devarhipparagi to Kalaburagi to slaughtering centre. Thereafter, it was revealed that the other accused persons have loaded the cattles and went in a car asking them to come in the lorry. The same was seized under the panchanama, registered the FIR and notice has been issued under Section 41 (A) of Cr.P.C. Accordingly, the petitioners are apprehending in the hands of the police. Hence, they approached the learned Sessions Judge for granting anticipatory bail, which came to be rejected. Hence, they are before this Court.
04. Considering the facts and circumstances of the case, the cattles were seized along with the lorry. The alleged offences though non-bailable, but not punishable with death or imprisonment for life and the same is traiable by the learned Magistrate. The most of the investigation is completed, except further investigation in this matter.
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05. Considering the facts and circumstances of the case, I am of the view that without expressing any opinion on the merits of the case, if the anticipatory bail is granted to the petitioners by imposing certain stringent conditions, no prejudice would be caused to the prosecution case. Accordingly, I proceed to pass the following;
ORDER The petition filed by the petitioner is allowed. The respondent - police are directed to release the petitioners - accused Nos.1 to 6 on bail in the event of their arrest in Crime No.94/2024, registered by the Sindagi Police Station, for the offences punishable under Section 11 (1) (D) of the Prevention of Cruelty to Animals Act, 1960 and under Sections 4, 5 and 7 of the Karnataka Prevention of Cow Slaughter and Preservation of Cattle Act, 2020, subject to the following conditions: -6-
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(i) Petitioners shall execute personal bond for a sum of Rs.50,000/- each with one surety each for the likesum to the satisfaction of the Investigating Officer;
(ii) Petitioners shall surrender before the Investigating Officer within 15 days from the date of receipt of certified copy of this order;
(iii) Petitioners shall not indulge in similar offence strictly;
(iv) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;
(v) Petitioners shall be deemed to be in custody for the purpose of recovery under Section 27 of the Indian Evidence Act, (Provisio to Section 23 of the Bharatiya Sakshya Adhiniyam, 2023). -7-
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(vi) Petitioners shall appear before the Investigating Officer as and when call for the purpose of investigation.
If any of the bail conditions is violated, the prosecution is at liberty to file an application for cancellation of bail.
Sd/-
(K NATARAJAN) JUDGE KJJ List No.: 1 Sl No.: 1 CT:SI