IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7056/2019 BETWEEN SRI. MOHAMMAD ILAL. A AGED 27 YEARS S/O. MOHAMMAD BAVA. G R/AT 5-94/A, AMEMAR HOUSE FARANGIPETE POST PUDU VILLAGE BANTWAL – 574 211 ... PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE FOR SRI. S. VISHWAJETH SHETTY, ADVOCATE ) AND STATE OF KARNATAKA SURATHKAL POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.76/2019 OF SURATHKAL POLICE STATION, MANGALURU CITY FOR THE OFFENCE P/U/Ss. 8, 9, 11 OF KARNATAKA PREVENTION OF COW SLAUGHTER AND CATTLE PREVENTION ACT 1964 AND U/S. 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner/accused seeks for grant of Anticipatory Bail in connection with Crime No.76/2019 of Respondent-Surathkal Police Station, Mangaluru City, for the offence punishable under Sections 8, 9 and 11 of the Karnataka Prevention of Cow Salughter and Cattle Prevention Act, 1964 and under Section 379 of IPC, which is now pending before the Court of JMFC-II, Mangaluru.
3. As could be seen from the FIR, there is no allegation against this petitioner. But, a general allegation is made that, on 16.06.2019, there was theft of a cow in the house of the complainant-Smt.Lalitha situated at D.No.100, 6th Block, Katipalla Village, Mangaluru City. The police have started investigation in the matter and they are calling the petitioner/accused to the Police Station often for the purpose of interrogation. Therefore, he apprehends that, if he go to the Police Station, the police may arrest him.
4. On ascertaining the facts with the concerned police, the learned HCGP submitted that, till today, the name of the petitioner/accused is not surfaced in any of the materials available with the concerned police. It is also stated that, there are no previous antecedents alleged against the petitioner. Moreover, the offences involved in this crime are not seriously punishable either with the sentence of death or imprisonment for life.
5. Taking into consideration the above said facts and circumstances, I am of the opinion that, the petitioner is entitled to be enlarged on anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.76/2019 of Surathkal Police Station, Mangaluru City, registered against him for the aforesaid offences and now pending before the JMFC-II Court, Mangaluru, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Mangaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/-
JUDGE KGR*