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2025 DAILYLAW 57731 (KAR)

SRI ABBAS RAZA v. THE STATE OF KARNATAKA

CRL.P/12131/2025 · 2025-08-21

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32594 CRL.P No. 12131 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 12131 OF 2025 BETWEEN: 1. SRI ABBAS RAZA S/O MUJAYID ALI AGED ABOUT 50 YEARS R/AT. ALIPURA VILLAGE THONDEBAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DIST - 561 213. 2. SRI MEER NAZAM ABBAS S/O MEER HUSSAIN ALI AGED ABOUT 42 YEARS R/AT. AJRATH ABBAS STREET ALIPURA VILLAGE THONDEBAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DIST - 561 213. 3. SRI SYED SAKLIN ABBAS S/O SYED BABU ALI AGED ABOUT 34 YEARS R/AT. AJRATH ABBAS STREET ALIPURA VILLAGE, THONDEBAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DIST - 561 213. 4. SRI MOHAMAD RAZA S/O JALIB ALI AGED ABOUT 40 YEARS R/AT. AJRATH ABBAS STREET ALIPURA VILLAGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32594 CRL.P No. 12131 of 2025 THONDEBAVI HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DIST - 561 213. …PETITIONERS (BY SRI MANJUNATHA A C, ADVOCATE) AND: THE STATE OF KARNATAKA BY MANCHENAHALLI POLICE STATION CHIKKABALLAPURA DIST - 561 211. REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO ORDER AND DIRECT THE RESPONDENT MANCHENAHALLI P.S. CHIKKABALLAPURA DISTRICT TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.No.201/2025 REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 4, 7, 12(1), 12(2) OF THE KARNATAKA PREVENTION OF SLAUGHTER AND PRESERVATION OF CATTLE ACT 2020 AND UNDER SECTION 11(1)(A),11(1)(D) OF THE PREVENTION OF CRUEL TO ANIMALS ACT 1960 AND ALSO UNDER SECTION 325 OF BNS 2023 NOW PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C CORUT GOWRIBIDANUR VIDE ANNEUXRE-A. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:32594 CRL.P No. 12131 of 2025 ORAL ORDER Learned HCGP takes notice for respondent/State. 2. Heard both sides and perused the material on record. 3. Petitioners are seeking anticipatory bail in a case registered against them in Crime No.201/2025 of Manchenahalli Police Station for the offence punishable under Sections 4, 7, 12(1), 12(2) of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, Sections 11(1)(A), 11(1)(D) of the Prevention of Cruelty to Animals Act, 1960 and Section 325 of the BNS, 2023. 4. In a suo-motu complaint lodged by the Police Sub-Inspector of Manchenhalli Police Station, he has alleged that he received a credible information on 03.08.2025 at about 04.00 a.m. from an informant by name Gautam Sharma that the accused have slaughtered cows and they are transporting the same to Bangalore. - 4 - HC-KAR NC: 2025:KHC:32594 CRL.P No. 12131 of 2025 Based on the said information, the complainant along with his staff and Panchas went to Alipura Village, Gauribidanur Taluk and found that in two sheds belonging to the petitioners, cows were slaughtered. 5. It is alleged that the petitioners have slaughtered the cows in their sheds and thereby committed the offences mentioned in the First Information Report. Petitioners claim to be innocent. It is contended by the learned counsel that only for the reason that they are the owners of the shed, FIR is registered against them, without ascertaining as to whether it is the petitioners who slaughtered the cows. He further contended that at no point of time petitioners have committed similar offence. 6. From the complaint averments, it appears that the petitioners are arraigned as accused, as they are the owners of the shed. Petitioners have undertaken to co- operate with the investigation of the case. Offences alleged are not punishable by death or imprisonment for life. Prosecution has to establish its case against the - 5 - HC-KAR NC: 2025:KHC:32594 CRL.P No. 12131 of 2025 petitioners in trial. Hence, by imposing conditions, relief sought in the petition can be granted. Accordingly, the following: Petition is allowed. Petitioners/accused Nos. 1 to 4 in Crime No.201/2025 registered by Manchenahalli Police Station shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) each, with two sureties for the likesum. b) They shall furnish their residential address and shall inform the Court, if there is change in the address. c) They shall co-operate with the investigation of the case. - 6 - HC-KAR NC: 2025:KHC:32594 CRL.P No. 12131 of 2025 d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall not commit similar offence. f) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 15 CT.SM