IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7627 OF 2018 BETWEEN:
1. MR.ASIF IQBAL S/O MOHAMMED AGED ABOUT 37 YEARS R/AT LADI HOUSE SALIMAR, KODANGAL POST MOODABIDRE, MANGALURU TALUK – 575 005 DAKSHINAKANNADA DISTRICT 2. MR.ABDUL SALAM S/O ABDUL KHADER AGED ABOUT 43 YEARS R/AT SHEZA MANZIL PERINJE POST, PADDANDARKA BELTHANGADI TALUK – 574 214 D.K.DISTRICT ...PETITIONERS (BY SRI ANAND K.V., ADV. FOR SRI NAGARAJA HEGDE, ADV.) AND STATE OF KARNATAKA REP BY SHANKARANARAYANA POLICE KUNDAPURA CIRCLE UDUPI DISTRICT – 576 201 REP. S.P.P.
HIGH COURT BUILDING BENGALURU – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.104/2018 OF SHANKARNARAYANA POLICE STATION, UDUPI FOR THE OFFENCES P/U/S 8, 9 AND 11 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PRESERVATION ACT, 1964 AND SECTION 11(1)(d) OF PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 AND SECTION 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Apprehending their arrest in Crime No.104/2018 of Shankaranarayana Police Station, Udupi District, petitioners have filed this petition seeking anticipatory bail.
2. Said case was registered against unknown persons for the offence punishable under Section 379 of IPC, Sections 8, 9 and 11 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 and Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, on the basis of complaint of one Sathish Shetty.
3. It is alleged that on 13.8.2018 at 8.00 p.m. near Kerjadi Garadi of Albadi village of Kundapura Taluk, the accused were illegally transporting four male calves in Maruti Omni car No.KA-20/B-8250 and on seeing the complainant and his friend, the inmates of the car abandoned the vehicle and cattle and escaped.
4. The major offence in the case is one punishable under Section 379 IPC, which carries punishment of imprisonment upto three years. The incriminating material is already seized. The vehicle allegedly used in the commission of offence is also released to the interim custody of its registered owner.
5. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioners are granted anticipatory bail in Crime No.104/2018 of Shankaranarayana Police Station, Udupi District. If they are arrested in the said case, they shall be released on bail subject to the following conditions:
1. They shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bond in a sum of Rs.25,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for their appearance;
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE KNM/-