Karnataka High Court
Munwar Pasha vs State Of Karnataka on 13 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:32544
CRL.P No. 7387 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7387 OF 2024
BETWEEN:
1. MUNWAR PASHA
S/O JILANI
AGED ABOUT 42 YEARS
R/AT NOOGALABANDE
MULBAGAL TALUK
KOLAR DISTRICT.
2. MOHAMMED SAFAIZ
S/O ABDULLHAPARVEZ
AGED ABOUT 29 YEARS
R/AT NO.4/1 6TH CROSS ROAD
VINAYAKA NAGAR BANGALORE - 560 026.
...PETITIONERS
(BY SRI SHIVA SHANKAR L, ADV.)
AND:
Digitally signed STATE OF KARNATAKA
by NANDINI REP BY BAGEPALLI POLICE
MS
Location: High STATION, CHIKKABALLAPURA
Court of DISTRICT REP BY PUBLIC
Karnataka
PROSECUTOR, HIGH COURT OF
KARNATAKA, BANGALORE - 01.
...RESPONDENT
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ALLOW AND
RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN
CR.NO.242/2024 OF RESPONDENT BAGEPALLI POLICE STATION,
CHIKKABALLAPURA, PENDING ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE (Jr.Dn.) AND JMFC COURT, BAGEHALLI FOR ALLEGED
OFFENCE P/US/ 429 OF IPC 1860 PREVENTION OF CRUELTY TO
ANIMALS ACT 1960 U/S.11(1) OF THE KARNATAKA PREVENTION OF
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NC: 2024:KHC:32544
CRL.P No. 7387 of 2024
SLAUGHTER AND PRESERVATION OF CATTLE ORDINANCE ACT 2020
U/S.4,5,12 AND INDIAN MOTOR VEHICLE ACT 1988 U/S.177,192(A).
THIS PETITION, COMING ON FOR OPRDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.1 and 2 in Crime No.242/2024 registered by Bagepalli Police Station, Chickballapura, for the offences punishable under Section 429 of IPC, Section 11(1) of the Prevention of Cruelty of Animals Act, 1960, Sections 4, 5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020 and Sections 177 and 192(A) of the Indian Motor Vehicles Act, 1988, are before this Court under Section 438 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.242/2024 was registered by Bagepalli Police Station, Chickballapura, for the aforesaid offences against the petitioners herein on 15.06.2024. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.474/2024 before the jurisdictional Sessions Court, -3- NC: 2024:KHC:32544 CRL.P No. 7387 of 2024 which was dismissed on 12.07.2024. Therefore, they are before this Court.
4. Learned counsel for the petitioners submits that petitioners are ready and willing to cooperate with the police for investigation. On the date of incident, petitioners had cooperated with the police and thereafter, police had released them. Petitioners are now issued with an enquiry notice by the police and therefore, they apprehend their arrest in the said case.
5. Per contra, learned HCGP has opposed the petition.
6. In the first information dated 15.06.2024 submitted by Sri. Prashanth R. Varni, Police Inspector attached to Bagepalli Police Station, it is stated that on 15.06.2024 at about 07.30 p.m. when he was on duty, he received a credible information that in vehicle bearing registration No.KA01/AK7165 cattle were being transported illegally. The first informant along with staff had intercepted the said vehicle and he found the petitioners inside the said vehicle. On enquiry, they had revealed their names and also had informed the first informant that they were transporting the cattle in their vehicle from -4- NC: 2024:KHC:32544 CRL.P No. 7387 of 2024 Ananthpura to Mulabagal. They had also informed that they did not have any license for transporting the cattle. After enquiry, police had released the said persons and thereafter, a notice was served on them to appear for enquiry. Apprehending arrest by the police, petitioners are before this Court. Considering the fact that the petitioners had earlier cooperated with the police on the date of registration of FIR and also the nature of allegations found against them, I am of the opinion that the prayer made by them for grant of anticipatory bail requires to be answered affirmatively. Accordingly, the following order:-
7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.242/2024 registered by Bagepalli Police Station, Chickballapura, for the offences punishable under Section 429 of IPC, Section 11(1) of the Prevention of Cruelty of Animals Act, 1960, Sections 4, 5 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020 and Sections 177 and 192(A) of the Indian Motor Vehicles Act, 1988, subject to the following conditions: -5-
NC: 2024:KHC:32544 CRL.P No. 7387 of 2024
1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioners shall not involve in similar offences in future;
Sd/-
(S VISHWAJITH SHETTY) JUDGE DN