- 1 - NC: 2025:KHC-D:5319 CRL.P No. 101355 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101355 OF 2024 BETWEEN: ABDUL WARIS S/O. NASEERUDDIN SAGAR, AGE: 36 YEARS, OCC: ASSOCIATE MANAGER AT AMAZON, PERMANENT RESIDENT OF 96/4, NEHRU NAGAR, 1ST CROSS, SIRSI MARKET, SIRSI, TQ: SIRSI, DIST: UTTAR KANNADA – 581 401, NOW RESIDING AT IM GRIES 22, 53179 BONN GERMANY. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BHATKAL TOWN POLICE STATION, BHATKAL, DIST: UTTAR KANNADA – 581 320, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 001. 2. SHRI. SHRIKANT K., MAJOR, POLICE SUB-INSPECTOR BHATKAL POLICE STATION, TQ: BHATKAL, DIST: UTTAR KANNADA – 581 320. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 AND R2) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5319 CRL.P No. 101355 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., 1973, SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.721/2023 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT, BHATKAL, FOR OFFENCES PUNISHABLE U/Ss 4, 5, 7, 12 OF THE KARNATAKA PREVENTION OF SLAUGHTER AND PRESERVATION OF CATTLE ACT, 2020 AND SECTIONS 192 OF MOTOR VEHICLES ACT AND SECTIONS 429 AND 34 OF THE INDIAN PENAL CODE, 1860 INSOFAR AS THE PETITIONER/ACCUSED NO.5 IS CONCERNED. PASS ANY SUCH OTHER ORDER(S) AAS THIS HON’BLE COURT MAY DEEM FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.5 under Section 482 of the Code of Criminal Procedure praying to quash the entire proceedings in C.C. No.721/2023 pending on the file of the learned Principal Civil Judge and JMFC, Bhatkal, registered for the offences punishable under Sections 4, 5, 7, 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle, 2020, Section 192 of - 3 - NC: 2025:KHC-D:5319 CRL.P No. 101355 of 2024 Motor Vehicles Act and Sections 429 and 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) 2. Brief facts of the prosecution case are that, the 2nd respondent/informant received an information from credible source on the morning of 10th March 2023 at around 7:00am that, in a Bolero Pick-up vehicle bearing No.KA-34-A-2704, few people were transporting cow meat/beef from Honnavar to Bhatkal. Based on the credible information, respondent No.2 is stated to have informed the same to his higher authorities and went to Shamshuddin Circle and started checking the vehicles coming from Honnavar side at 7:30 am. At around 7:40am, a Bolero pick-up vehicle came from Honnavar side and even after signaling to stop, the said vehicle did not stop and fled from the place and upon going some distance ahead, the vehicle stopped and two people came down from the said vehicle and fled. Upon searching the vehicle, it was found by the 2nd respondent that, at the rear side of the vehicle(goods area), underneath some - 4 - NC: 2025:KHC-D:5319 CRL.P No. 101355 of 2024 grass, beef was found rolled in a tarpauline weighing around 700 kg. The said beef and the vehicle were seized under mahazar. Respondent No.2 has filed a complaint and a case came to be registered in Crime No.31/2023 of Bhatkal Town Police Station for the offences punishable under Sections 4, 5, 7 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, Section 192 of the Motor Vehicles Act and Sections 429 and 34 of IPC. The Police, after investigation, filed charge-sheet against the accused for the aforesaid offences. Based on the said charge-sheet, a case came to be registered against the accused in C.C. No.721/2023. The proceedings of the said criminal case are sought to be quashed by accused No.5 in the present petition. 3. The accusation against the petitioner/accused No.5 is that he along with accused Nos.3 and 4 was following the Bolero vehicle in which beef was being transported and on coming to know that the Police were chasing the said Bolero vehicle, he asked accused Nos.1 - 5 - NC: 2025:KHC-D:5319 CRL.P No. 101355 of 2024 and 2 to get down from the vehicle and after they got down from the vehicle, the petitioner has taken them in his Innova car bearing registration No.AP.28/DS 4786. It is alleged that the petitioner, accused No.3 and accused No.4 were escorting the said Bolero vehicle in which beef was being transported. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents. 5. Learned counsel for the petitioner would contend that, except the voluntary statement of accused No.1, there are no other material in the charge-sheet against the petitioner/accused No.5 to establish that he took accused Nos.1 and 2 in his Innova vehicle and he assisted them in carrying beef. On these, grounds, he prayed for quashing of the proceedings. 6. Learned Additional Government Advocate would contend that there is a specific allegation against the - 6 - NC: 2025:KHC-D:5319 CRL.P No. 101355 of 2024 petitioner that, he, in collusion with accused Nos.1 to 4 were carrying beef in Bolero Pick-up vehicle and the vehicle of the petitioner bearing registration No.AP.28/DS 4786 was escorting the Bolero and on coming to know that the police were chasing the said vehicle, the petitioner took the driver and inmate of the said vehicle in his Innova car and committed the offences alleged against him. He submits that there are no grounds for quashing. 7. Having heard the learned counsel, the Court has perused the charge-sheet records. 8. The accusation against accused Nos.1 and 2 were that they were found carrying beef in Bolero vehicle and on seeing the police, they did not stop their vehicle in spite of the Police giving signal and took their vehicle to some distance and by parking the said vehicle, they ran away. In the said Bolero vehicle, it is found by the Investigating officer that beef, weighing 700 kg, was being transported. The said vehicle and beef are seized under - 7 - NC: 2025:KHC-D:5319 CRL.P No. 101355 of 2024 mahazar. Respondent No.2 has filed complaint. There is no allegation against the petitioner either in the complaint or in the charge-sheet. Charge-sheet came to be filed against the petitioner only on the basis of voluntary statement of accused No.1. Accused No.1 in his voluntary statement is stated to have told the Police that, accused Nos.3 to 5 were escorting their Bolero vehicle and accused No.5, after they stopped the vehicle, took them in his Innova car and accused Nos.3 to 5 were assisting him in transporting the beef. Except the voluntary statement of accused No.1, there is no material against the petitioner. The said voluntary statement given by accused No.1 is before the Police. As the said voluntary statement amounts to confession before the Police is not admissible. Therefore, the proceedings against the petitioner is an abuse of process of law without any material evidence against him. 9. In the result, the following: - 8 - NC: 2025:KHC-D:5319 CRL.P No. 101355 of 2024 ORDER The petition is allowed. The proceedings against the petitioner/accused No.5 in C.C. No.721/2023 pending on the file of the learned Principal Civil Judge and JMFC, Bhatkal, are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE kmv CT-ASC