IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8880/2017 BETWEEN:
1. Mohammed Aspak @ Mahammad Ashraf S/o A A Hammed Aged about 28 years R/at No.1/65, Kere Bale Siddakatte, Sangarabettu Bantwal Taluk D.K. District-574 219.
2. Hammed S A S/o S H Ahammad Aged about 56 years R/at No.1-65, Kere Bale Siddakatte, Sangarabettu Sangabettu Siddakatte Bantwal Taluk D.K. District-574 219. ... PETITIONERS (By Sri Ananda K V, Adv.) AND:
State of Karnataka By Bantwal Rural Police Dakshina Kannada District Represented by the State Public Prosecutor High Court Buildings Bangalore-560 001. ...RESPONDENT (By Sri K Nageshwarappa, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.293/2017 of Buntwala Rural P.S., D.K. District, for the offences P/U/Ss 4, 5, 7, 9, 11 of Karnataka Cows Slaughters and Cattle Prevention Act and Section 11(1)(L) of Prevention of Cruelty to Animals Act and Section 379 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the petitioners/accused Nos.2 and 3 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 4, 5, 7, 9 and 11 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 1964 registered in respondent police station Crime No.293/2017.
2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.2 and 3 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
4. As per the complaint averments, on the credible information that in the house of one Hameed the cows were used for the purpose of slaughtering, complainant along with his staff went to the said place and have apprehended accused No.1. After seeing the police two other persons ran away from the said place and when they enquired accused No.1, he told the names of these two petitioners as his brother and father respectively. Accordingly, FIR was registered against all the three persons.
5. Learned counsel for the petitioners has submitted that petitioners are innocent and they are prepared to co-operate with the investigation agency and also ready to abide by any reasonable conditions to be imposed by the Court.
6. Learned High Court Government Pleader during the course of his arguments submitted that in the FIR names of all the three persons are mentioned and the present petitioners are necessary for the interrogation.
Hence, they are not entitled to be granted with anticipatory bail.
7. Perusing the materials placed on record it is seen that petitioners were not apprehended at the spot and as per the prosecution, their names have been told by accused No.1 and accordingly, they were also arrayed as accused persons in the FIR. The petitioners have contended in the petition that they are innocent and not committed the alleged offences. They have undertaken to abide by any reasonable conditions to be imposed by this Court. The offences alleged are not exclusively punishable with death or imprisonment for life. The apprehension of the prosecution is that petitioners are required for interrogation and further investigation and if suitable conditions are imposed, it will safeguard the interest of the prosecution. Hence, I am of the opinion that petitioners can be granted with anticipatory bail.
8. Accordingly, petition is allowed. The respondent-Police are directed to enlarge the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 4, 5, 7, 9 and 11 of the Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 1964 registered in respondent police station Crime No.293/2017, subject to the following conditions:
i. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each and shall furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners shall make themselves available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioners shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp