IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRL. P. NO.8822/2017 BETWEEN 1. MR. MOIDIN AGED ABOUT 42 YEARS, S/O ABDUL BEARY, R/O "YASMIN MANZIL", GULVADI VILLAGE, KUNDAPURA TALUK-576283.
2. MR. ABUBACKER AGED ABOUT 45 YEARS, S/O MOIDINABBA, KRISHNAPPA, 5TH BLOCK, SURATHKAL, MANGALORE-575014. ... PETITIONERS (BY SRI. SANDESH SHETTY T, ADV.) AND THE STATE OF KARNATAKA KUNDAPURA RURAL POLICE, REP. BY S.P.P, BENGALURU-01. ... RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.46/2017 OF KUNDAPURA RURAL P.S., UDUPI DISTRICT FOR THE OFFENCE P/U/S 8,9,11 OF KARNATAKA PREVENTION OF COW SLAUGHTER ACT AND SEC.11(1)(d) OF PREVENTION OF CRUELTY TO ANIMAL ACT AND SEC.353,332,308,379 OF IPC.
THIS CRL.P COMING ON FOR ‘ORDERS’, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Though there are two petitioners, so far as petitioner No.1 is concerned, petition is already withdrawn. Therefore, this petition is to be heard in respect of petitioner No.2- accused No.3.
2. This petition is filed by the accused No.3 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 8, 9 & 11 of the Karnataka Prevention of Cow Slaughter Act, 1964, Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960 and Section 353, 332, 308, 379 of IPC registered in respondent – police station Crime No.46/2017.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
4. The brief facts of the prosecution case as per the complaint averments is that Kundapura Rural Police registered a case in Crime No.46/2017 on the basis of the complaint dated 17.10.2017 wherein it is stated that when the complainant was on night rounds and on credible information, they found that petitioner and another accused, transporting 25 cows in a Mahindra Pick up vehicle bearing No.KA 20 D 8210 by tying the legs of the cows for the purpose of slaughtering without any valid licence or permit. When they gave signal to stop the vehicle, they proceeded further. On the basis of the said complaint, case came to be registered firstly against unknown persons.
5. I have perused the materials placed on record by the petitioner along with the petition. Looking to the materials, they prima facie goes to show that the present petitioner has been arrayed as accused No.3 in the case on the basis of voluntary statement said to have been given by Accused No.1. Accused No.1 has already been granted bail. Petitioner contended that he is innocent that there is a false implication in the case and undertakes to abide by any condition that may be imposed by the Court. The alleged offences are not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that by imposing reasonable conditions, the petitioner can be admitted to regular bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.3 is ordered to be released on bail for the offence punishable under Sections 8, 9 & 11 of the Karnataka Prevention of Cow Slaughter Act, 1964, Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960 and Section 353, 332, 308, 379 of IPC registered in respondent – police station Crime No.46/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
CT-HR rs Sd/- JUDGE