- 1 - HC-KAR NC: 2025:KHC:42511 CRL.P No. 6999 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6999 OF 2025 BETWEEN: KASIM JEESAN AHMED KURESHI @ JEESHAN @ JEESHAN AHMED, S/O. KASIM IRSHAD AHMED KURESHI, AGED ABOUT 34 YEARS PRESENTLY R/AT NO.07, RENTED HOUSE BELONGING TO MANSOOR, NOHA ROAD, SHIVAJINAGAR, H.K.P ROAD, BANGALORE-560051, HOTEL ADDRESS- TASTY KEBAB CENTER, RASOOL MARKET, SHIVAJINAGAR, BANGALORE-560 051 …PETITIONER (BY SRI CHIRAG U, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY GULPET POLICE STATION, KOLAR DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. 2. VENKATARAMAPPA.M, AGED ABOUT 58 YEARS, C.P.I, GULPET CIRCLE, KOLAR TOWN, KOLAR-563 102. …RESPONDENTS (BY SRI ANOOP KUMAR, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42511 CRL.P No. 6999 of 2025 PETITIONER IN CC NO.1367/2024 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC, KOLAR FOR THE O/P/U/S 4, 6, 7, 8, 12(2) OF THE KARNATAKA PREVENTION OF SLAUGHTER AND PREVENTION OF CATTLE ORDIANCE-2020 R/W 11 OF PREVENTION OF CRUELTY TO ANIMALS ACT-1960 R/W 46, 47, 48, 49, 50, 51, 52 53, 54, 56, 96, 98 OR TRANSPORTATION OF ANIMALS ACT-1978 AND 181(3), 177 OF IMV ACT R/W 149 OF IPC OF GULPET POLICE STATION, KOLAR WHICH IS PRODUCED AT ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is arraigned as accused No. 2 in the charge sheet filed for the offence punishable under Section 11 of Prevention of Cruelty to Animals Act, 1960; under Sections 46, 47, 48, 49, 50, 51, 53, 52, 54, 56, 96, 98 of Transportation of Animals Act, 1978, Sections 4,6,7,8,12(2) of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020 and Section 181(3), 177 of IMV Act R/w 149 IPC. 2. FIR is registered against accused Nos.1 to 6 on a suo motu complaint lodged by the police. Charge-sheet is filed against five accused in C.C.No.1367/2024, now - 3 - HC-KAR NC: 2025:KHC:42511 CRL.P No. 6999 of 2025 pending on the file of the learned I Additional Civil Judge(Jr.Div.) and JMFC Court, Kolar. 3. Challenging the initiation of proceedings, accused Nos.3 and 4 preferred Criminal Petition No.566/ 2025 and this Court, vide order dated 04.03.2025, allowed the said petition and quashed the proceedings pending against them. 4. The prosecution is alleging that the accused are involved in illegal transportation of cattle and they were also found subjecting the cattle to cruelty, etc. The petitioner, arraigned as accused No.2 was found present in the shed, belonging to accused No.1, where the cattle were found illegally tied and one of the cattle was dead. The allegations against the petitioner and accused No. 3 in the chargesheet are one and the same. 5. It is relevant to extract para 5 to 15 of the order passed by the Co-ordinate Bench of this Court in the above noted petition preferred by accused Nos. 3 and 4 which read as below: - 4 - HC-KAR NC: 2025:KHC:42511 CRL.P No. 6999 of 2025 "5. Section 4 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020 prohibits the slaughter or causing the slaughter of any cattle. 6. Section 5 of the Act stipulates that no person shall transport or offer for transport or cause to be transported any cattle within the State for slaughter, except for bonafide agricultural or animal husbandry purposes as prescribed by the government. 7. Section 6 restricts the transport of cattle outside the State for slaughter without obtaining a valid permit from the competent authority. 8. Section 7 prohibits the sale, purchase, or disposal of cattle for slaughter or knowing that such cattle shall be slaughtered. 9. In the present case, there is no material evidence to establish that accused Nos.3 and 4 intended to transport cattle without a permit or to slaughter or offer to slaughter any cattle. The only evidence against them is the confession statement of co-accused Nos.2 and 5, who have stated that accused Nos.3 and 4 participated in the transportation of cattle for slaughter. 10. It is a well-settled principle that any confession made by an accused while in police custody is inadmissible under Section 25 of the Indian Evidence Act, 1872, unless corroborated by independent material evidence. An accused cannot be subjected to trial solely based on a confession statement. - 5 - HC-KAR NC: 2025:KHC:42511 CRL.P No. 6999 of 2025 11. Section 154 of the Code of Criminal Procedure, 1973 (Cr.P.C.) mandates that upon receiving information regarding a cognizable offence, the police must immediately register a First Information Report (FIR) before proceeding with an investigation or record the information in the station house diary in cases of exigencies apprehending that the offenders may abscond or destroy the evidence. 12. In the instant case, the police conducted the investigation first and registered the FIR later, which is legally impermissible. 13. The allegations against accused Nos.3 and 4, even if taken at face value, do not fulfill the essential elements required to constitute the offences alleged against them. 14. The continuation of criminal proceedings solely on the basis of the confession statements of accused Nos.2 and 5, and in violation of Section 154 of Cr.P.C., amounts to an abuse of the process of law. 15. In view of the aforesaid discussion, this Court is of the considered opinion that the prosecution against accused Nos.3 and 4 is unsustainable in law." 6. This Court has observed that there is violation of Section 154 of Cr.P.C., which mandates that upon receiving the information regarding a cognizable offence, the police must immediately register a FIR before proceeding with the investigation. - 6 - HC-KAR NC: 2025:KHC:42511 CRL.P No. 6999 of 2025 It is observed that the proceedings amount to an abuse of process of law and it is unsustainable. 7. The petitioner, who is similarly placed as accused No.3 is entitled for the same relief. Hence, the following: ORDER (i) The petition is allowed. (ii) The entire proceeding as against accused No.2 pending in CC No.1367/2024 on the file of the Court of I Additional Civil Judge (Jr.Div) and JMFC, Kolar, is quashed. (iii) IA No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE tsn* List No.: 1 Sl No.: 26