Karnataka High Court
Sri Shake Zabiulla vs The State Of Karnataka on 20 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:38943
CRL.P No. 9409 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9409 OF 2024
BETWEEN:
1. SRI SHAKE ZABIULLA
S/O S. MUBARAK BASHA
AGED ABOUT 25 YEARS
R/AT NO.5-1-171 PULAMITHI ROAD
SRIKANTAPURAM HINDUPUR TOWN
ANANTAPUR ANDHRA
PRADESH - 515 201.
2. SRI SIKANDAR
S/O BILAL
AGED ABOUT 35 YEARS
R/AT NO.17TH WARD AZAD NAGAR
GOWRIBIDANURU 561 208
CHICKBALLAPURA DISTRICT.
...PETITIONERS
(BY SRI SYED ABRAR, ADV.)
Digitally AND:
signed by
NANDINI MS
Location: THE STATE OF KARNATAKA
High Court of BY ITS SHO DODDABALLAPURA
Karnataka
TOWN POLICE STATION
DODDABALLAPURA REP BY ITS SPP
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
...RESPONDENT
(BY SRI VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C (U/S 482 BNSS)
PRAYING TO GRANT ANTICIPATORY BAIL AND ENLARGE THE
PETITIONERS ON BAIL IN CR.NO.180/2023 REGISTERED BY
DODDABALLAPURA TOWN P.S., LATER CHARGE SHEET FILED IN
-2-
NC: 2024:KHC:38943
CRL.P No. 9409 of 2024
CC.NO.1736/2024 BEFORE II ADDITIONAL CIVIL JUDGE (JR.DN) AND
JMFC COURT, DODDABALLAPURA, BANGALORE RURAL DISTRICT,
FOR THE OFFENCES P/U/S 4,5,7,11,12 OF THE KARNATAKA
PREVENTION OF COW SLAWGHTER AND PREVENTION OF CATTLE
ACT, SEC.429,504,506 OF IPC, SEC.192(A),177 OF IMV ACT, FILED
BY THE RESPONDENT DODDABALLAPURA TOWN POLICE STATION,
PENDING BEFORE THE COURT OF THE II ADDITIONAL CIVIL JUDGE
(JR.DN) AND JMFC COURT, DODDABALLAPURA, BANGALORE RURAL
DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.11 and 12 in Crime No. 180/2023 registered by Doddaballapura Town Police Station, Bengaluru District, for the offences publishable under Section 11(1)(L) of the Prevention of Cruelty to Animals Act, 1960, Sections 4, 5, 7, 11 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, Sections 506, 504 and 429 of IPC and Sections 192(A) and 177 of the Indian Motor Vehicles Act, 1988, are before this Court under Section 438 of Cr.P.C. seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.180/2023 was registered by Doddaballapura Town Police Station, Bengaluru District, initially -3- NC: 2024:KHC:38943 CRL.P No. 9409 of 2024 for the offences punishable under Sections 4, 5, 7, 11 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020 and Sections 506 and 504 of IPC, against the drivers and owners of five vehicles, registration number of which are mentioned in the FIR. Investigation in the case is complete and charge sheet has been filed against petitioners, who are the owners of two vehicles which were used for the purpose of transporting beef illegally. Petitioners are arraigned as accused Nos.11 and 12 in the charge sheet. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.10131/2024 before the jurisdictional Sessions Court, which was rejected on 19.08.2024. Therefore, they are before this Court.
4. Learned counsel for the petitioners submits that in the FIR, accused persons are not named. FIR has been registered against driver and owner of vehicles. Charge sheet was subsequently filed on 14.05.2024 before the Court of jurisdictional Magistrate. It is only thereafter, petitioners came to know that they are arraigned as accused Nos.11 and 12 in the present case. Undisputedly, petitioners were not present at the spot of crime. Only for the reason that they are the -4- NC: 2024:KHC:38943 CRL.P No. 9409 of 2024 registered owners of the vehicles which were involved in crime, they have been arraigned as accused. Petitioners do not have any criminal antecedents. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has opposed the prayer.
6. A perusal of the charge sheet would go to show that accused Nos.1 to 8 were allegedly transporting slaughtered cows in vehicles bearing registration Nos.AP39/UG9873, KA06AB2674, KA01MC8964, AP39UQ9460, AP39UC8644 and KA01MC8964 without license and when Cws1 to 10 tried to stop the said vehicles, accused Nos.1 to 8 having abused, assaulted and had criminally intimidated them. Petitioners herein are said to be the owners of two vehicles which were used by accused Nos.1 to 8 for the purpose of transporting beef. Undisputedly, petitioners were not present at the spot and allegation against them is that they had given their vehicles to accused Nos.1 to 8 for the purpose of transporting beef illegally. Whether petitioners had the knowledge that the vehicles were used by accused Nos.1 to 8 for illegal purpose or not, is a matter for trial. It is not in dispute that petitioners do not have any -5- NC: 2024:KHC:38943 CRL.P No. 9409 of 2024 criminal antecedents. The alleged offences are neither punishable with death or life imprisonment. Considering the nature of allegations found against the accused in the charge sheet, I am of the opinion that petitioners, who are arraigned as accused Nos.11 and 12, have made out prima facie case for grant of anticipatory bail. 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. 180/2023 registered by Doddaballapura Town Police Station, Bengaluru District, for the offences publishable under Section 11(1)(L) of the Prevention of Cruelty to Animals Act, 1960, Sections 4, 5, 7, 11 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, Sections 506, 504 and 429 of IPC and Sections 192(A) and 177 of the Indian Motor Vehicles Act, 1988, subject to the following conditions:
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 -6- NC: 2024:KHC:38943 CRL.P No. 9409 of 2024 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 witnesses 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